Murphy 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 DIANE GAIL MURPHY, Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D14-2061 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. -2-

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