MURPHY v. STATE

No. 5D09-3771.

49 So.3d 295 (2010)

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

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 13, 2010.


Attorney(s) appearing for the Case

Edwin Murphy , Malone, pro se.

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


PALMER, J.

Edwin Murphy (defendant) appeals his judgment and sentence on the charge of attempted sexual battery. Determining that the trial court committed fundamental error by sentencing the defendant without appointing him counsel for his sentencing hearing, we reverse and remand for resentencing.

A jury convicted the defendant of committing the crimes of attempted sexual battery and lewd or lascivious molestation. The defendant was sentenced to 30 years...

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