McMullen v. State ( 2014 )


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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.                               )                   Case No.    2D13-4144
    )
    STATE OF FLORIDA,                )
    )
    Appellee.             )
    ________________________________ )
    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.
    1Anders v. California, 
    386 U.S. 738
     (1967).
    -2-
    

Document Info

Docket Number: 2D13-4144

Filed Date: 8/22/2014

Precedential Status: Precedential

Modified Date: 3/3/2016