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Murphy v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 29, 2015
164 So. 3d 49 (Fla. Dist. Ct. App. 2015)

Opinion

No. 2D14–2061.

2015-04-29

Diane Gail MURPHY, Appellant, v. STATE of Florida, Appellee.

Howard L. Dimmig, II , Public Defender, and Tosha Cohen , Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi , Attorney General, Tallahassee, for Appellee.


Appeal from the Circuit Court for Polk County; Roger A. Alcott, Judge.
Howard L. Dimmig, II, Public Defender, and Tosha Cohen, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee.
CASANUEVA, Judge.

Based upon our independent review pursuant to Anders v. California, 386 U.S. 738 (1967), we affirm Diane Gail Murphy's judgment and sentence without further comment. However, we remand with directions to correct a scrivener's error which appears in both the judgment and the order of probation. Ms. Murphy was charged with, entered a plea to, and was sentenced for felony petit theft (two or more prior convictions for theft). See§ 812.014(3)(c), Fla. Stat. (2013). The judgment and order of probation, however, reflect that Ms. Murphy entered a plea to grand theft of property over $300, but less than $20,000. See§ 812.014(2)(c). Accordingly, we remand for correction of these errors.

Affirmed and remanded with directions.

KHOUZAM and CRENSHAW, JJ., Concur.


Summaries of

Murphy v. State

DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT
Apr 29, 2015
164 So. 3d 49 (Fla. Dist. Ct. App. 2015)
Case details for

Murphy v. State

Case Details

Full title:DIANE GAIL MURPHY, Appellant, v. STATE OF FLORIDA, Appellee.

Court:DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

Date published: Apr 29, 2015

Citations

164 So. 3d 49 (Fla. Dist. Ct. App. 2015)

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