Florida District Courts of Appeal, 2014

McMullen v. State

Florida District Courts of Appeal · Decided August 22, 2014

145 So. 3d 951; 2014 WL 4160002 (Southern Reporter, Third Series)

Cases that cite this one

2 later published cases cite this decision.

Wingo v. State (Fla. Dist. Ct. App. 2015)
Smothers v. State (Fla. Dist. Ct. App. 2015)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

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).

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