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MURPHY v. STATE

No. 5D08-2603.

16 So.3d 269 (2009)

Edwin MURPHY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 21, 2009.

Attorney(s) appearing for the Case

James S. Purdy, Public Defender, and Leonard R. Ross, Assistant Public Defender, Daytona Beach, for Appellant.

Edwin Murphy, Malone, Pro Se.

Bill McCollum, Attorney General, Tallahassee, and Bonnie Jean Parrish, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

In this Anders1 appeal, Edwin Murphy's pro se brief raises one meritorious issue. Following a trial, Murphy was convicted of attempted sexual battery and lewd or lascivious molestation. At his sentencing hearing, Murphy sought dismissal of one of the two convictions on double jeopardy grounds. The trial judge, while conceding that a double jeopardy issue might exist, declined to rule on Murphy's motion. Instead, the...

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