W.S., A CHILD
v.
STATE OF FLORIDA

Fla. 4th DCA | 2022-09-07
No. 2022-0135
Florida District Court of Appeal, Fourth District (2022)


Per_curiam
Per Curiam

PER CURIAM.

W.S., a juvenile, (“appellant”) appeals a trial court’s final order withholding adjudication of delinquency for one count of petit theft following an adjudicatory hearing. We have reviewed the record, and we grant appellate counsel’s motion to withdraw filed pursuant to Anders v. California, 386 U.S. 738 (1967). We affirm the order withholding adjudication and imposing a term of probation.

However, we remand with directions to correct two scrivener’s errors in the disposition order. First, although the trial court orally granted defense counsel’s request that appellant would not be subject to a curfew, the disposition order nevertheless imposes a 7:00 p.m. curfew. Second, the disposition order lists appellant’s incorrect age. Appellant was 14 years old at the time of the hearing, but the order lists her age as 13. See Simmons v. State, 106 So. 3d 507 (Fla. 4th DCA 2013) (affirming in an Anders appeal but remanding in order to correct a scrivener’s error in the judgment).

Affirmed and remanded with instructions.

KLINGENSMITH, C.J., WARNER and CIKLIN, JJ., concur.


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