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McElrath v. State, Case No. 2D08-1492 (Fla. App. 7/1/2009) (Fla. App., 2009)

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TIMOTHY McELRATH, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-1492. District Court of Appeal of Florida, Second District. Opinion filed July 1, 2009. Appeal from the Circuit Court for Polk County, J. Michael Hunter, Judge. James Marion Moorman, Public Defender, and Kimberly Nolen Hopkins, Special Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Timothy A. Freeland, Assistant Attorney General, Tampa, for Appellee. DAVIS, Judge. Timothy McElrath challenges his convictions and sentences for first-degree murder, attempted voluntary manslaughter, and armed robbery. We affirm his convictions without comment. However, we write to note that although McElrath correctly points out, and the State concedes, that the written judgment and sentence fail to accurately reflect the court’s oral pronouncement, McElrath has not properly preserved this issue via a Florida Rule of Criminal Procedure 3...continue to full post

Full post as published by Florida Criminal Law Opinions on July 01, 2009 (boomark / email).