MACMILLAN V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2005 ARTHUR ALEXANDER MACMILLAN, Appellant, ** ** vs. ** CASE NO. 3D04-1156 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 03-9798 Appellee. ** Opinion filed June 8, 2005. An Appeal from the Circuit Court for Miami-Dade County, Kevin Emas, Judge. Bennet H. Brummer, Public Defender, Assistant Public Defender, for appellant. and Leslie Charles J. Crist, Jr., Attorney General, Hazel, Assistant Attorney General, for appellee. and Scalley, Robin F. Before GERSTEN, GREEN and SHEPHERD, JJ. PER CURIAM. Affirmed. State v. Hernandez, 841 So. 2d 469 (Fla. 3d DCA 2002); State v. Clark, 721 So. 2d 1202 (Fla. 3d DCA 1998).

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