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Miller v. State

Trial counsel's representation of the defendant in connection with counsel's advice concerning an offered plea bargain was not deficient, since counsel discussed the plea bargain with the defendant, informing him that the trial court had ruled his custodial statement admissible, thereby making his chances of prevailing at trial impossible, and the defendant was not amenable to the plea bargain offer.

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Following a jury trial, Twane Tali Miller was convicted of armed robbery. He appeals, contending that he received ineffective assistance of counsel. Finding no merit in this claim of error, we affirm. The evidence showed that around 9:00 a.m. on the morning of July 2, 2008, a man entered a convenience store and asked to purchase two money orders. After the store clerk prepared the money orders, the man “walked towards her and then he held . . . a knife towards her neck, took the money orders and ran out.” Shortly thereafter, Miller cashed two money orders at a nearby check cashing store. Law enforcement officers showed the convenience store clerk a photograph of Miller, and the clerk identified him as the man who had taken the money orders at knife point. They searched Miller’s apartment and discovered a knife that the store clerk identified as the weapon used in the robbery.

Miller was taken into custody and, after being read his Miranda rights, he admitted to taking the money orders and cashing them, but he denied having used a knife. At trial, however, Miller testified that, the morning of July 2, a neighbor whom he knew by the nickname “Country” asked him to cash some money orders for him, and he did. He denied being the person who took the money orders from the store clerk.

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