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C.G.K. v. State

District Court of Appeal of Florida, Fourth District.
Nov 12, 2014
150 So. 3d 1203 (Fla. Dist. Ct. App. 2014)

Opinion

Nos. 4D13–3436 4D13–3440 4D13–3441 4D13–3442 4D13–3443 4D13–3444.

11-12-2014

C.G.K., a child, Appellant, v. STATE of Florida, Appellee.

Carey Haughwout, Public Defender, and Emily Ross–Booker, Assistant Public Defender, West Palm Beach, for appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and Allen R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.


Carey Haughwout, Public Defender, and Emily Ross–Booker, Assistant Public Defender, West Palm Beach, for appellant.

Pamela Jo Bondi, Attorney General, Tallahassee, and Allen R. Geesey, Assistant Attorney General, West Palm Beach, for appellee.

Opinion

PER CURIAM.

We affirm without discussion appellant's withheld adjudication of delinquency and delinquency disposition for violation of probation. However, we remand for the trial court to correct the written order to reflect the trial court's oral pronouncement of disposition. At the violation of probation hearing, the trial court's oral pronouncement was that it would withhold adjudication. However, it appears that due to a scrivener's error, the trial court's disposition indicates that “the child is adjudicated delinquent.” In criminal proceedings, where a trial court's oral pronouncement is unambiguous, the oral pronouncement controls over the written order. See Briggs v. State, 936 So.2d 789 (Fla. 4th DCA 2006).

Affirmed and remanded for correction of written order.

WARNER, MAY and CONNER, JJ., concur.


Summaries of

C.G.K. v. State

District Court of Appeal of Florida, Fourth District.
Nov 12, 2014
150 So. 3d 1203 (Fla. Dist. Ct. App. 2014)
Case details for

C.G.K. v. State

Case Details

Full title:C.G.K., a child, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fourth District.

Date published: Nov 12, 2014

Citations

150 So. 3d 1203 (Fla. Dist. Ct. App. 2014)