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Miller v. State

861 So. 2d 1283, 2004 WL 19487
CourtDistrict Court of Appeal of Florida
DecidedJanuary 2, 2004
Docket5D02-1821
StatusPublished
Cited by10 cases

This text of 861 So. 2d 1283 (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, 861 So. 2d 1283, 2004 WL 19487 (Fla. Ct. App. 2004).

Opinion

861 So.2d 1283 (2004)

Michael H. MILLER, Appellant,
v.
STATE of Florida, Appellee.

No. 5D02-1821.

District Court of Appeal of Florida, Fifth District.

January 2, 2004.

James B. Gibson, Public Defender, and Brynn Newton, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

We affirm Michael H. Miller's conviction of sexual battery on a child under the age of twelve. We also affirm the trial court's order declaring Miller to be a sexual predator. See Milks v. State, 848 So.2d 1167 (Fla. 2d DCA 2003), review granted, No. 03-1321, 859 So.2d 514, 2003 WL 22884299 (Nov. 19, 2003); see also Reyes v. State, 854 So.2d 816 (Fla. 4th DCA 2003). In doing so, we certify conflict with Espindola v. State, 855 So.2d 1281 (Fla. 3d DCA 2003) (holding Florida Sexual Predator's Act, section 775.21, Florida Statutes (2000), to be unconstitutional as violating procedural due process).

AFFIRMED.

SAWAYA, C.J., PLEUS and ORFINGER, JJ., concur.

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Cite This Page — Counsel Stack

Bluebook (online)
861 So. 2d 1283, 2004 WL 19487, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miller-v-state-fladistctapp-2004.