MURPHY v. STATE

Nos. 4D04-2964, 4D04-4437.

939 So.2d 1168 (2006)

Ronald F. MURPHY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

October 25, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Alan T. Lipson, Assistant Public Defender, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Heidi L. Bettendorf, Assistant Attorney General, West Palm Beach, for appellee.


KLEIN, J.

When appellant was charged with violating probation, his case was heard by a judge who was not the judge who accepted his original plea of guilty. After the successor judge imposed a five year prison sentence, appellant appealed, and during the appeal appellant filed a rule 3.800(b)(2) motion to correct sentencing error, arguing for the first time that his being sentenced by a successor judge violated rule 3.700(c)(1), which provides:

Noncapital...

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