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509 So. 2d 994

509 So.2d 994

12 Fla.L.Weekly 1703

Carter v. State

District Court of Appeal of Florida · decided 1987-07-15

Relies on Miller v. Florida · 468 So. 2d 1018 - Miller v. State · 488 So. 2d 820 - State v. Miller

Decided 1987-07-15

PER CURIAM.

¶1We have recalled the mandate in this case because of the recent decision by the Supreme Court of the United States in Miller v. Florida, - U.S. -, 107 S.Ct. 2446, 96 L.Ed.2d 351 (1987), which approved this court’s conclusion in Miller v. State, 468 So.2d 1018 (Fla. 4th DCA 1985), and disapproved the reversal thereof by this state’s highest court in State v. Miller, 488 So.2d 820 (Fla.1986).

¶2We vacate our original opinion in light of Miller and reverse the defendant’s sentence and remand for correction thereof in accordance with Miller.

ANSTEAD, LETTS and GLICKSTEIN, JJ., concur.
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