D.B. v. State

Full title: D.B., a child, Appellant, v. STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Fourth District

Date published: Mar 12, 1997

689 So. 2d 420 (Fla. Dist. Ct. App. 1997)

Opinion

Case No. 96-1611

Opinion filed March 12, 1997

Appeal from the Circuit Court for the Nineteenth Judicial Circuit, St. Lucie County; Marc A. Cianca, Judge; L.T. Case No. 95-1836 DL11.

Richard L. Jorandby, Public Defender, and Steven H. Malone, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ettie Feistmann, Assistant Attorney General, West Palm Beach, for appellee.

PER CURIAM.

We affirm the trial court's decision, based on the evidence presented, finding that appellant committed the offense of battery. The restitution issue raised was not preserved for appeal because of the failure to object below. See Owens v. State, 679 So.2d 44 (Fla. 1st DCA 1996). The state concedes, however, that we must remand for the trial court to correct the written disposition order to reflect the trial court's oral findings that appellant committed the offense of battery and not aggravated battery.

GLICKSTEIN, DELL and PARIENTE, JJ., concur.