McMullen v. State

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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 SEAN McMULLEN, ) ) Appellant, ) ) v. ) ) STATE OF FLORIDA, ) ) Appellee. ) ________________________________ ) Case No. 2D13-4144 Opinion filed August 22, 2014. Appeal from the Circuit Court for Hillsborough County; Daniel L. Perry, Judge. Howard L. Dimmig, II, Public Defender, and Judith Ellis, Assistant Public Defender, Bartow, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, for Appellee. KELLY, Judge. Sean McMullen appeals from his judgments and sentences for burglary of an unoccupied dwelling, dealing in stolen property, and false information on a pawnbroker form. We affirm his convictions and sentences but remand for correction of a scrivener's error in Mr. McMullen's written judgment. See Murphy v. State, 977 So. 2d 748 (Fla. 2d DCA 2008) (remanding for correction of a scrivener's error in the written judgment in an Anders1 appeal). In count I of case number 12-CF-000201, Mr. McMullen was charged with and entered a guilty plea to burglary of an unoccupied dwelling. The judgment erroneously reflects a conviction for felony battery. Affirmed; remanded with instructions. SILBERMAN and VILLANTI, JJ., Concur. Anders v. California, 386 U.S. 738 (1967). 1 -2-

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