M.B., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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FRANK, Judge.
M.B. contends in this Anders1 appeal that the trial court erred in finding the evidence sufficient to adjudicate him guilty of battery. We reject that contention and affirm the adjudication. We note, however, that the community control aspect of the order reflects that adjudication was withheld and places M.B. under supervision for an indeterminate length of time. The scrivener’s error should be corrected on remand. Furthermore, the duration of community control can be no greater than the available term of imprisonment for the statutory maximum. In this case, because the offense is a first degree misdemeanor, the term of community control must not exceed one year. See M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997); M.S. v. State, 695 So. 2d 891 (Fla. 2d DCA 1997).
Order imposing community control reversed; remanded for proceedings consistent with this opinion.
PARKER, C.J., and THREADGILL, J., concur. . Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967).
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Stephens v. State, 747 So. 2d 1026 (Fla. 3d DCA 1999)…rt adjudicated the defendant for armed burglary when in fact the defendant was neither adjudicated nor sentenced on this count. Thus, although defendant need not be present, remand is appropriate for correction of this judgment. See Dunkin v. State, 706 So. 2d 942 (Fla. 2d DCA 1998). In ground six of his motion, the defendant alleged that there was no factual basis to find that he committed the crime of kidnapping in count twelve. The state concedes that they advised the trial court that defendant was not c…
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Dailey v. State, 791 So. 2d 586 (Fla. 3d DCA 2001)…ce for each offense.” Rogers v. State, 730 So. 2d 716, 717 (Fla. 4th DCA 1999). Finally, the written sentencing order must conform with the trial court’s oral pronouncement. See Stephens v. State, 747 So. 2d 1026 (Fla. 3d DCA 1999); Dunkin v. State, 706 So. 2d 942 (Fla. 2d DCA 1998). [*589] Because the trial court’s oral pronouncement of sentence fails to specifically identify the different counts and the sentence for each, we vacate the sentence imposed and remand for a new sentencing hearing. See Bishop v.…
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Stephens v. State, 756 So. 2d 200 (Fla. 2d DCA 2000)…ens was found in violation of condition fourteen. Because the written order does not conform to the court’s oral pronouncement, we remand and direct that the violation of condition fourteen be stricken from the revocation order. See Dunkin v. State, 706 So. 2d 942 (Fla. 2d DCA 1998). Stephens need not be present for this disposition. See Dunlap v. State, 405 So. 2d 796 (Fla. 2d DCA 1981). [*201] Affirmed in part, reversed in part, and remanded with directions. THREADGILL, A.C.J., and GREEN, J., Concur.…
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- Anders v. California, 386 U.S. 738 (U.S. 1967)
- M.G. v. State, 696 So. 2d 1340 (Fla. 2d DCA 1997)
- Shindarrel Evans v. State, 695 So. 2d 891 (Fla. 2d DCA 1997)
- M.S. v. State, 695 So. 2d 891 (Fla. 2d DCA 1997)