S.F., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2004-02-11
No. 4D03-3631
POLEN, KLEIN and STEVENSON, JJ., concur.
866 So. 2d 121 Florida District Court of Appeal, Fourth District (2004) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, S.F., a child, was found guilty of petit theft and intimidating a witness and placed on probation. The public defender’s officer filed a brief and motion to withdraw under Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967). We agree there are no arguable issues on appeal and affirm; however, one issue must be addressed on remand. See Bell v. State, 798 So. 2d 796 (Fla. 4th DCA 2001).

The disposition order related to the petit theft charge incorrectly describes the offense as a first-degree misdemeanor. The order should reflect the offense as a second-degree misdemeanor. It appears this is merely a scrivener’s error that requires correction, but not reversal. See id.

POLEN, KLEIN and STEVENSON, JJ., concur.


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  • M.H. v. State, 873 So. 2d 1241 (Fla. 3d DCA 2004)
    …court’s oral pronouncement, which is controlling, was that M.H. committed the lesser offense of attempted strong arm robbery. As the State properly concedes, these documents must be amended to conform with the oral pronouncement. See S.F. v. State, 866 So. 2d 121 (Fla. 4th DCA 2004); B.R.W. v. State, 799 So. 2d 328 (Fla. 2d DCA 2001). Furthermore, it appears from our review of the record that the predisposition report, which the court relied upon at M.H.’s disposition hearing, erroneously indicates an adjudi…

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