Miller v. State

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DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT January Term 2008 MORRIS MILLER, Appellant, v. STATE OF FLORIDA, Appellee. No. 4D08-640 [April 16, 2008] PER CURIAM. Affirmed. On appellant s third claim of ineffective assistance of trial counsel for advising him to reject a plea offer and to take his case to trial instead, we certify conflict with the Third District s decisions in Gomez v. State, 832 So. 2d 793 (Fla. 3d DCA 2002), and Sharpe v. State, 861 So. 2d 483 (Fla. 3d DCA 2003). See Morgan v. State, 941 So. 2d 1198 (Fla. 4th DCA 2006), rev. granted, 956 So. 2d 456 (Fla. 2007). KLEIN, GROSS and MAY, JJ., concur. * * * Appeal of order denying rule 3.850 motion from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Michael Kaplan, Judge; L.T. Case No. 05-2087 CF10. Morris Miller, South Bay, pro se. No appearance required for appellee. Not final until disposition of timely filed motion for rehearing

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