B.F.H., APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The appellate court affirmed the trial court's order adjudicating the juvenile delinquent, finding the issue of inconsistency between the oral pronouncement and written order was not preserved for appeal.
The juvenile challenged the trial court's order adjudicating him delinquent and placing him on probation. His counsel suggested an inconsistency betwe…
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In this Anders1 appeal, B.F.H. challenges the trial court’s order adjudicating him delinquent and placing him on probation. We affirm in all respects.
We note that B.F.H.’s appellate counsel suggests in the Anders brief the possibility of an inconsistency between the trial court’s oral pronouncement withholding adjudication and the trial court’s written disposition order instead adjudicating B.F.H. delinquent. We do not reach this issue because B.F.H. neglected to preserve this issue for appeal by filing a motion to correct disposition order pursuant to Florida Rule of Juvenile Procedure 8.135(b). See M.N. v. State, 16 So.3d 280, 281 n.1 (Fla. 2d DCA 2009) (en banc) (refusing in a juvenile Anders appeal to correct a disposition order error where juvenile failed to preserve the issue for appeal by filing a rale 8.135(b) motion with the trial court (citing L.D.K. v. State, 32 So.3d 64, 65 (Fla. 2d DCA 2009))).
That said, we affirm without px-ejudice to any right B.F.H. might have to file a motion to correct disposition order pursuant to Florida Rule of Juvenile Procedure 8.135(a) with the trial court. See C.M.B. v. State, 952 So.2d 1207, 1208.(Fla. 2d DCA 2007).
Affirmed.
CASANUEVA and MORRIS, JJ., Concur.
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Citator
Cited By
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C.M. v. State (Fla. 3d DCA 2019)
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L. W. O. v. State (Fla. 2d DCA 2024)
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- M.N. v. State, 16 So. 3d 280 (Fla. 2d DCA 2009)
- L.D.K. v. State, 32 So. 3d 64 (Fla. 2d DCA 2009)
- C.M.B. v. State, 952 So. 2d 1207 (Fla. 2d DCA 2007)