Opinion
Nos. 4D13–3436 4D13–3440 4D13–3441 4D13–3442 4D13–3443 4D13–3444.
11-12-2014
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.