Miller v. State

District Court of Appeal of Florida

Miller v. State

693 So. 2d 598, 1997 Fla. App. LEXIS 1822, 1997 WL 91369

CourtDistrict Court of Appeal of Florida

DecidedMarch 5, 1997

DocketNo. 95-01625

StatusPublished

This text of 693 So. 2d 598 (Miller v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Miller v. State, 693 So. 2d 598, 1997 Fla. App. LEXIS 1822, 1997 WL 91369 (Fla. Ct. App. 1997).

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Opinion

BLUE, Judge.

Steven Miller appeals his convictions for four counts of capital sexual battery and one count of lewd fondling. We find merit only in his argument that the State failed to produce sufficient evidence to support the lewd fondling conviction. “[A] defendant’s confession to a crime cannot be the sole basis for that defendant’s conviction for that crime; there must be prima facie evidence of the crime charged independent of the defendant’s admission.” Johnson v. State, 569 So.2d 872, 873 (Fla. 2d DCA 1990), review denied, 581 So.2d 167 (Fla.1991). Accordingly, we reverse the lewd fondling conviction. In all other respects, we affirm.

PARKER, A.C.J., and PATTERSON, J., concur.

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BLUE, Judge.

Steven Miller appeals his convictions for four counts of capital sexual battery and one count of lewd fondling. We find merit only in his argument that the State failed to produce sufficient evidence to support the lewd fondling conviction. “[A] defendant’s confession to a crime cannot be the sole basis for that defendant’s conviction for that crime; there must be prima facie evidence of the crime charged independent of the defendant’s admission.” Johnson v. State, 569 So.2d 872, 873 (Fla. 2d DCA 1990), review denied, 581 So.2d 167 (Fla.1991). Accordingly, we reverse the lewd fondling conviction. In all other respects, we affirm.

PARKER, A.C.J., and PATTERSON, J., concur.

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Bluebook (online)

693 So. 2d 598, 1997 Fla. App. LEXIS 1822, 1997 WL 91369, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-1997.

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