E.S.E. v. State

Full title: E.S.E., A CHILD, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Fifth District

Date published: Dec 23, 1993

627 So. 2d 626 (Fla. Dist. Ct. App. 1993)

Opinion

No. 93-364.

December 23, 1993.

Appeal from the Circuit Court for Orange County, Walter Komanski, Judge.

James B. Gibson, Public Defender, and M.A. Lucas, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Kellie A. Nielan, Asst. Atty. Gen., Daytona Beach, for appellee.

COBB, Judge.

This appeal involves a written adjudication of guilt of resisting a police officer without violence. As the state concedes, that adjudication is in conflict with the trial court's oral pronouncement of guilt of the offense of attempting to resist an officer without violence and the oral pronouncement should control.

Accordingly, the "Order At Trial" and commitment order are reversed and remanded with instructions to conform the written adjudication and commitment order to the oral pronouncement. See Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), rev. denied, 554 So.2d 1170 (Fla. 1989).

REVERSED AND REMANDED.

DAUKSCH and GRIFFIN, JJ., concur.