Filed: Apr. 29, 2015
Latest Update: Mar. 02, 2020
Summary: NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DIANE GAIL MURPHY, ) ) Appellant, ) ) v. ) Case No. 2D14-2061 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed April 29, 2015. 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 Ap
Summary: NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT DIANE GAIL MURPHY, ) ) Appellant, ) ) v. ) Case No. 2D14-2061 ) STATE OF FLORIDA, ) ) Appellee. ) ) Opinion filed April 29, 2015. 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 App..
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
DIANE GAIL MURPHY, )
)
Appellant, )
)
v. ) Case No. 2D14-2061
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed April 29, 2015.
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.
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