MICHAEL R. MURPHY, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court affirmed the convictions but reversed the sentence for grand theft due to the trial court's failure to reduce the reasons for exceeding sentencing guidelines to writing. The attorney's fees were also struck without prejudice.
Michael R. Murphy appealed his convictions and sentences for murder and grand theft. The trial court orally stated reasons for exceeding sentencing gu…
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Michael R. Murphy appeals his convictions and sentences for murder and grand theft. We affirm the convictions without discussion, but reverse and remand for resentencing.
Although the trial court orally stated its reason for exceeding the guidelines on the grand theft count, that reason was never reduced to writing and signed by the judge as required by Florida Rule of Criminal Procedure 3.702(d)(18). See Pope v. State, 561 So. 2d 554 (Fla.1990); Wilcox v. State, 664 So. 2d 55 (Fla. 5th DCA 1995). Therefore, we reverse the sentence and remand for resentencing within the guidelines.
We also strike the $300 attorney’s fee without prejudice to the fees being assessed upon resentencing after the defendant is informed of his right to contest the amount. See Cherubin v. State, 682 So. 2d 173 (Fla. 2d DCA 1996); Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992).
Affirmed in part, reversed in part, and remanded for resentencing.
DANAHY, A.C.J., and SCHOONOVER and FULMER, JJ., concur.
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Citator
Cited By
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Murphy v. State, 24 So. 3d 1220 (Fla. 2d DCA 2009)…r. Murphy’s claims. I. THE PROCEDURAL HISTORY On January 5, 1996, Mr. Murphy was convicted of first-degree murder and grand theft after a jury trial. We affirmed Mr. Murphy’s convictions but reversed and remanded for resentencing. Murphy v. State, 694 So. 2d 835, 835 (Fla. 2d DCA 1997). Mr. Murphy filed motions under Florida Rule of Criminal Procedure 3.850 on August 13, 1999, and December 15, 2005. We affirmed without opinion the denials of these two rule 3.850 motions. Murphy v. State, 937 So. 2d 132 (Fla…
Authorities Cited
- Pope v. State, 561 So. 2d 554 (Fla. 1990)
- Drinnon v. State, 598 So. 2d 229 (Fla. 2d DCA 1992)
- Garcia v. Gold Coast Mother & SON, 664 So. 2d 55 (Fla. 3d DCA 1995)
- Wilcox v. State, 664 So. 2d 55 (Fla. 5th DCA 1995)
- Card v. State, 682 So. 2d 173 (Fla. 4th DCA 1996)