S.D.F., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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The court held that written orders must conform to the trial court's oral pronouncements.
S.D.F. was charged with several offenses and found to have committed simple battery, a lesser included offense, with specific community service hours …
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PER CURIAM.
S.D.F. was charged by a petition for delinquency with battery on an elected school official or employee (“Count 1”), aggravated battery (“Count 2”), and disturbing the peace by interfering with school administrative functions (“Count 3”). At the adjudicatory hearing, the trial court ruled that S.D.F. had committed the offense of simple battery, a lesser included offense of Count 1, and dismissed Counts 2 and 3. The trial court also ruled at the hearing that S.D.F. was required to complete 25 hours of community service at a rate of five hours per month.
However, the subsequent written adjudicatory and probation orders are inconsistent with the trial court’s oral pronouncements at the hearing. The written adjudicatory order indicates that S.D.F. was found to have committed all counts as charged in the petition for delinquency. Additionally, the written probation order requires S.D.F. to complete 30 hours of community service. S.D.F. appeals from these written orders.
Based on the State’s proper confession of error, we reverse and remand to the trial court to correct its written adjudicate- ry and probation orders to conform with its oral pronouncements. See S.S.M. v. State, 875 So. 2d 763, 763 (Fla. 3d DCA 2004)(holding that “a written probation order must conform with the trial court’s oral pronouncements at sentencing”); Creme v. State, 752 So. 2d 1238, 1239 (Fla. 3d DCA 2000)(reversing and remanding to trial court to correct sentencing order so that it comports with the trial court’s oral pronouncements); Bell v. State, 596 So. 2d 479, 480 (Fla. 1st DCA 1992); Johnson v. State, 486 So. 2d 657, 659 (Fla. 4th DCA 1986).
Reversed and remanded with instructions.
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N.L. v. State, 4 So. 3d 1286 (Fla. 2d DCA 2009)…orally pronounced disposition. Accordingly, we reverse the July 8, 2008, disposition order and remand for the entry of a written disposition order that accurately reflects the trial court’s November 28, 2007, oral pronouncement. See S.D.F. v. State, 911 So. 2d 887 (Fla. 8d DCA 2005). We note that Florida Rule of Juvenile Procedure 8.947 provides a form order designating all the information such an order should include. Affirmed in part, reversed in part, and remanded. SILBERMAN, J., and DAKAN, STEPHEN L., A…
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N.G. v. State, 50 So. 3d 801 (Fla. 3d DCA 2011)…atory order to conform to the oral pronouncement. See S.S.M. v. State, 875 So. 2d 763, 763 (Fla. 3d DCA 2004) (finding that a “written probation order must conform with the trial court’s oral pronouncements at sentencing”); see also S.D.F. v. State, 911 So. 2d 887, 887-88 (Fla. 3d DCA 2005) (reversing and remanding to trial court to correct written adjudicatory and probation orders that were inconsistent with the trial court’s oral pronouncements at the hearing on petition for delinquency). Reversed and rem…
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C.B. v. State, 119 So. 3d 1293 (Fla. 3d DCA 2013)…reverse the trial court’s written order of disposition and remand with directions that the trial court enter an order that conforms to the trial court’s oral pronouncement. See, e.g., N.G. v. State, 50 So. 3d 801 (Fla. 3d DCA 2011); S.D.F. v. State, 911 So. 2d 887 (Fla. 3d DCA 2005). Reversed and remanded.…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Johnson v. State, 486 So. 2d 657 (Fla. 4th DCA 1986)
- Creme v. State, 752 So. 2d 1238 (Fla. 3d DCA 2000)
- S.S.M. v. State, 875 So. 2d 763 (Fla. 3d DCA 2004)
- Payne v. FLA. Dept OF Child. & Fam. Servs., 875 So. 2d 763 (Fla. 3d DCA 2004)
- Bell v. State, 596 So. 2d 479 (Fla. 1st DCA 1992)