From Casetext: Smarter Legal Research

Murphy v. State

District Court of Appeal of Florida, Second District
Mar 26, 2008
977 So. 2d 748 (Fla. Dist. Ct. App. 2008)

Summary

affirming and remanding with directions to correct the scrivener's error in written judgment in an Anders appeal

Summary of this case from Simmons v. State

Opinion

No. 2D06-3996.

March 26, 2008.

Appeal from the Circuit Court for Sarasota County; Andrew D. Owens, Jr., Judge.

James Marion Moorman, Public Defender, and Robert D. Rosen, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tiffany Gatesh Fearing, Assistant Attorney General, Tampa, for Appellee.


In this Anders appeal, Dixie Lynn Murphy challenges her convictions and sentences resulting from charges for two counts of DUI manslaughter. After a thorough review of the record, we have found no harmful, reversible error. However, we remand for correction of a scrivener's error in the judgment. On count two, the judgment reflects a conviction for homicide negligent manslaughter with a vehicle-DUI causing death to any human, rather than for DUI manslaughter. It is clear that Murphy was charged with, entered a plea to, and was sentenced for two counts of DUI manslaughter. In fact, with respect to both counts the judgment cites to the DUI manslaughter statute, section 316.193(3)(c)(3)(A), Florida Statutes (2004).

Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493(1967).

Thus, we affirm the convictions and sentences, but we remand for the correction of the written judgment to reflect the offense of DUI manslaughter for count two. See Green v. State, 956 So.2d 1278 (Fla. 2d DCA 2007) (remanding for correction of scrivener's error in written judgment in an Anders appeal).

Affirmed and remanded with instructions.

NORTHCUTT, C.J., and VILLANTI, J., Concur.


Summaries of

Murphy v. State

District Court of Appeal of Florida, Second District
Mar 26, 2008
977 So. 2d 748 (Fla. Dist. Ct. App. 2008)

affirming and remanding with directions to correct the scrivener's error in written judgment in an Anders appeal

Summary of this case from Simmons v. State

remanding for correction of a scrivener's error in the written judgment in an Andersappeal

Summary of this case from McMullen v. State
Case details for

Murphy v. State

Case Details

Full title:Dixie Lynn MURPHY, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: Mar 26, 2008

Citations

977 So. 2d 748 (Fla. Dist. Ct. App. 2008)

Citing Cases

Simmons v. State

The judgment, however, reflects a conviction for failure to redeliver a hired or leased property of $300 or…

McMullen v. State

We affirm his convictions and sentences but remand for correction of a scrivener's error in Mr. McMullen's…