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130 So. 3d 713

Miller v. State

District Court of Appeal of Florida

Decided November 27, 2013

District Court of Appeal of Florida · decided 2013-11-27

Cited by 1 later decisions — most recently July 2014

1 state decisions

Relies on Johnson v. State · 851 So. 2d 798 - Irons v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2013-11-27

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WALLACE, Judge.

¶1We affirm the postconviction court’s denial of Victor Miller’s motion filed under Florida Rule of Criminal Procedure 3.800(a) because Mr. Miller did not demonstrate where in the record it can be shown that he is entitled to relief. See Johnson v. State, 60 So.3d 1045, 1051 n. 2 (Fla. 2011). However, our affirmance is without prejudice for Mr. Miller to file a facially sufficient motion.

¶2Although we affirm the denial of Mr. Miller’s motion, we note that constructive possession of a firearm cannot support the imposition of a minimum mandatory sentence enhancement under sections 775.087(1)-(2), Florida Statutes (2000). See Irons v. State, 851 So.2d 798, 798 (Fla. 2d DCA 2003).

¶3Affirmed without prejudice.

SILBERMAN and MORRIS, JJ., Concur.
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