D.B. v. State

Full title: D.B., A Child, Appellant, v. STATE OF FLORIDA, Appellee.

Court: Florida Court of Appeals, First District

Date published: Jul 16, 2021

321 So. 3d 951 (Fla. Dist. Ct. App. 2021)

Opinion

No. 1D20-2757

07-16-2021

D.B., A Child, Appellant, v. STATE of Florida, Appellee.

Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Tabitha Herrera, Assistant Attorney General, Tallahassee, for Appellee.

B.L. Thomas, J.

Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant Public Defender, Tallahassee, for Appellant.

Ashley Moody, Attorney General, and Tabitha Herrera, Assistant Attorney General, Tallahassee, for Appellee.

B.L. Thomas, J.

Appellant challenges the trial court's denial of a Motion to Correct Disposition Error filed pursuant to Florida Rules of Juvenile Procedure 8.135(b)(2). We reverse and remand.

After a bench trial, the trial court found Appellant guilty of carrying a concealed firearm. The trial court issued a Final Disposition Order placing Appellant on probation and withholding adjudication of delinquency. However, the order incorrectly stated that Appellant pleaded guilty to the charged offense. Additionally, the order did not prescribe Appellant's probation length, and the court did not orally pronounce at Appellant's sentencing.

Appellant timely filed a Motion to Correct Disposition Error under Florida Rule of Juvenile Procedure 8.135(b)(2), but the trial court failed to rule within the allotted thirty-day period, denying the motion. Fla. R. Juv. P. 8.135(b)(2). "Motions to correct sentencing errors involve ‘purely legal issues,’ and are therefore reviewed de novo." Ray v. State , 68 So. 3d 346, 347 (Fla. 1st DCA 2011). Appellant preserved this issue for review by filing a Motion to Correct Disposition Error with the trial court. C.f. A.L.B. v. State , 23 So. 3d 190, 191 (Fla. 1st DCA 2009). This Court has held that an "appellant [is] entitled to be informed of the length of [his or her] probation." S.T. v. State , 8 So. 3d 1153, 1153 (Fla. 1st DCA 2009).

We reverse the Final Disposition Order and remand the case for entry of a corrected order.

REVERSED and REMANDED .

Roberts and Long, JJ., concur.