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118 So. 3d 259

Anderson v. State

District Court of Appeal of Florida · decided 2013-07-17

Relies on Miller v. Alabama · Geter v. State

Decided 2013-07-17

EMAS, J.,

¶1concurring in part and dissenting in part.

¶2For the reasons expressed in my dissent to the denial of motion for rehearing en banc in Geter v. State, 115 So.3d 385 (Fla. 3d DCA 2013), I respectfully dissent from the majority opinion in the instant case to the extent it holds that the rule announced in Miller v. Alabama, — U.S.-, 132 S.Ct. 2455, 183 L.Ed.2d 407 (2012) does not apply retroactively to cases already final on direct appeal.

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