Miller v. State

ON MOTION FOR REHEARING

We deny the motion but acknowledge that we have rejected appellant’s claim that the habitual offender statute is facially unconstitutional. Johnson v. State, 564 So.2d 1174 (Fla. 4th DCA 1990); Broderick v. State, 564 So.2d 622 (Fla. 4th DCA 1990).