D.B., A CHILD
v.
STATE OF FLORIDA
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
In this juvenile delinquency case, the appellate court reversed the trial court's Final Disposition Order due to multiple errors: the order incorrectly stated that the appellant pleaded guilty when in fact there was a bench trial, failed to specify the length of probation, and the court did not orally pronounce the sentence. The court emphasized that an appellant is entitled to be informed of the length of probation.
The appellate court reversed the Final Disposition Order and remanded for entry of a corrected order. The court held that appellants are entitled to be informed of the length of probation and that the disposition order's errors were not properly corrected when the trial court failed to rule on the Motion to Correct Disposition Error within the allotted thirty-day period.
[1] A motion to correct sentencing errors involves purely legal issues and is reviewed de novo.
[2] A juvenile disposition order must accurately reflect whether the juvenile pleaded guilty or was found guilty after a trial.
Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“appellant [is] entitled to be informed of the length of [his or her] probation”
Establishes the fundamental requirement that disposition orders must specify the probation length, which was violated in this case
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceFollowing a bench trial, the trial court found the appellant guilty of carrying a concealed firearm. The trial court issued a Final Disposition Order …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Withholding Adjudication Of Delinquency cases and more on FLexlaw
Appellant challenges the trial court’s denial of a Motion to Correct Disposition Error filed pursuant to Florida Rules of Juvenile Procedure 8.135(b)(2). We reverse and remand. After a bench trial, the trial court found Appellant guilty of carrying a concealed firearm. The trial court issued a Final Disposition Order placing Appellant on probation and withholding adjudication of delinquency. However, the order incorrectly stated that Appellant pleaded guilty to the charged offense. Additionally, the order did not prescribe Appellant’s probation length, and the court did not orally pronounce at Appellant’s sentencing. Appellant timely filed a Motion to Correct Disposition Error under Florida Rule of Juvenile Procedure 8.135(b)(2), but the trial
court failed to rule within the allotted thirty-day period, denying the motion. Fla. R. Juv. P. 8.135(b)(2). “Motions to correct sentencing errors involve ‘purely legal issues,’ and are therefore reviewed de novo.” Ray v. State, 68 So. 3d 346, 347 (Fla. 1st DCA 2011). Appellant preserved this issue for review by filing a Motion to Correct Disposition Error with the trial court. C.f. A.L.B. v. State, 23 So. 3d 190, 191 (Fla. 1st DCA 2009). This Court has held that an “appellant [is] entitled to be informed of the length of [his or her] probation.” S.T. v. State, 8 So. 3d 1153, 1153 (Fla. 1st DCA 2009). We reverse the Final Disposition Order and remand the case for entry of a corrected order. REVERSED and REMANDED. ROBERTS and LONG, JJ., concur. _____________________________
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- A.L.B. v. State, 23 So. 3d 190 (Fla. 1st DCA 2009)
- S.T. v. State, 8 So. 3d 1153 (Fla. 1st DCA 2009)