N.G., A JUVENILE, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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CONFESSION OF ERROR
N.G. appeals from an adjudication of delinquency, claiming that the written order of adjudication does not conform to the trial court’s oral pronouncement that the juvenile’s adjudication be withheld. The State confesses error. Because, as the State concedes, the record confirms that the trial court ordered that the adjudication be withheld at the adjudicatory hearing, we reverse and remand to the lower court for correction of the written adjudicatory 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 remanded with instructions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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F.H. v. State, 99 So. 3d 547 (Fla. 3d DCA 2011)…rder does not, however, reflect that adjudication was withheld. We therefore remand to the trial court with instructions that it enter a corrected written adjudicatory order to reflect that adjudication was withheld as to Count I. See N.G. v. State, 50 So. 3d 801 (Fla. 3d DCA 2011) (remanding to the trial court for correction of the written adjudicatory order to conform to the oral pronouncement); accord, Parajon v. State, 50 So. 3d 105 (Fla. 3d DCA 2010). In all other respects, the order is affirmed. Affir…
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C.B. v. State, 119 So. 3d 1293 (Fla. 3d DCA 2013)…this Court’s independent review of the record, we 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.…
Authorities Cited
- S.D.F. v. State, 911 So. 2d 887 (Fla. 3d DCA 2005)
- 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)