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IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT,IN AND FOR MIAMI-DADE COUNTY FLORIDACARLOS MILLER, pro seCASE NO. 08-326 ACL.T. Case No. M0710544Appellant/Petitioner,v.STATE OF FLORIDA,Appellee/Respondent. _________________________/ _____________________________________________________________ 
APPELLANT’S INITIAL BRIEF (CORRECTED)
  _____________________________________________________________ 
 
 
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TABLE OF CONTENTS
Table of Contents iTable of Citations ii, iiiStatements of Facts and the Case 1-5Summary of the Argument 5-8Argument
I.
 
The lower tribunal erred when it allowed the jury tohand down inconsistent verdicts in the fact that theyfound Miller guilty of resisting arrest without violenceyet found him innocent of refusing to obey a lawfulorder and disorderly conduct because all threecharges are inextricably intertwined.II.
 
The lower tribunal erred when the State was allowed toenter inadmissible evidence during cross-examinationresulting in improper character evidence such that it wasunfairly prejudicial, irrelevant and intended toinflame the jury.
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 III.
 
The lower tribunal erred when Judge Jose L. Fernandezunconstitutionally sentenced Miller to a harsher sentencethan sought by the State on the basis that Miller hadmaintained his innocence throughout the trial.
Conclusion 24
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Argument II was corrected after scrivener inadvertently repeated Argument I inoriginal brief 8‐1313‐1819‐23
 
 
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Certificate of Service 25Certificate of Font Size and Type 26
Table to CitationsPage
A.K. v. State, 898 So. 2d 1112, 1116 (Fla. 4th DCA 2005) 18Barry v. State 934 So. 2d 656 (Fla. App. 2 Dist., 2006) 18Dyes v. Spick, 606 So. 2d 700 (Fla. Dist. Ct. App. 1st Dist. 1992) 11Gonzalez v. State, 440 So. 2d 514 (Fla. 4th DCA 1983) 9Holton v. State, 573 So.2d 284, 292 (Fla.1990) 20, 22Hubler v. State, 458 So. 2d 350 (Fla. 1st DCA 1984) 21Huntley v State, 575 So. 2nd 285 (Fla. Dist. Ct. App. 5th Dist. 1991) 11-12K.N.M. v. State, 793 So. 2d 1195 (Fla. 5
th
DCA 2001) 22Lyons v. State, 730 So. 2d 833 (Fla. 4th DCA 1999) 21Peters v. State, 485 So. 2d 30 (Fla. 3d DCA 1986) 21Ritter v. State, 885 So. 2d 413 (Fla. 2004) 21-22
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