K.O., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that an Anders brief was improperly filed when a clear sentencing error regarding probation length existed.
[1] A sentencing order is insufficient if it fails to specify the length of probation.
[2] An appellate court may strike an initial brief filed pursuant to Anders v. …
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Join FLexlaw to unlock all legal intelligenceAppellant filed an initial brief under Anders v. California. Upon review, the court identified a sentencing error where the Final Disposition Order di…
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ORDER STRIKING ANDERS BRIEF
Appellant filed an initial brief pursuant to Anders v. California, 386 U.S. 738, 87 S.Ct. 1396, 18 L.Ed.2d 493 (1967), which requires that this court independently “examine the record to the extent necessary to discover any errors apparent on the face of the record.” State v. Causey, 503 So.2d 321, 322 (Fla.1987). Upon review by the court, it appears that'a sentencing error may exist. The Final Disposition Order is void of notation as to the length of Appellant’s probation. The trial court did not address the length of time Appellant is to serve on probation or whether the probation is indefinite. In addition, the juvenile court did not make a notation of the length of probation time on the written Order. In S.T. v. State, 8 So.3d 1153, 1154 (Fla. 1st DCA 2009), this court remanded for entry of a corrected order to specify the length of the appellant’s probation. See J.M.W. v. State, 935 So.2d 630, 632 (Fla. 2d DCA 2006) (appellant was entitled to be informed of the length of probation despite withholding adjudication of delinquency).
Accordingly, on the court’s own motion and pursuant to Florida Rule of Appellate Procedure 9.140(g)(2)(B), the initial brief filed April 21, 2016, is stricken in order to permit the filing of a motion pursuant to Florida Rule of Criminal Procedure 3.800(b)(2).1 Counsel for Appellant shall file the motion with the lower tribunal within twenty days of- the date of this order, arid the lower tribunal is directed to resolve the motion in accordance with rule 3.800(b)(2)(B). The clerk of the lower tribunal shall thereafter transmit a supplemental record on appeal pursuant to Florida Rule of Juvenile Procedure 8.135(b)(2), and counsel for appellant shall file an amended initial brief within twenty days following transmittal of the supplemental record.
BILBREY, KELSEY, and M.K. THOMAS, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Norris Hubbard, JR. v. State, 248 So. 3d 177 (Fla. 2d DCA 2018)…223 So. 3d 1126, 1126-27 (Fla. 1st DCA 2017) (striking Anders brief pursuant to rule 9.140(g)(2)(B) and directing appellate counsel to file motion to correct sentencing error upon court's discovery of "multiple sentencing errors"); K.O. v. State, 228 So. 3d 162, 163 (Fla. 1st DCA 2016) (striking Anders brief to allow appellate counsel to file motion with the trial court under Florida Rule of Criminal Procedure 3.800(b) addressing sentencing error uncovered by appellate court); Adams v. State, 197 So. 3d…
Authorities Cited
- Anders v. California, 386 U.S. 738 (U.S. 1967)
- State v. Causey, 503 So. 2d 321 (Fla. 1987)
- Tirrell Tyrone Palmer v. State, 935 So. 2d 630 (Fla. 1st DCA 2006)
- S.T. v. State, 8 So. 3d 1153 (Fla. 1st DCA 2009)