G.R. v. State

Full title: G.R., a juvenile, Appellant, v. The STATE of Florida, Appellee.

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

Date published: Nov 27, 2013

127 So. 3d 832 (Fla. Dist. Ct. App. 2013)

Opinion

No. 3D12–2493.

2013-11-27

G.R., a juvenile, Appellant, v. The STATE of Florida, Appellee.

An Appeal from the Circuit Court for Miami–Dade County, Norma S. Lindsey, Judge. Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Brent J. Kelleher, Assistant Attorney General, for appellee.

WELLS

An Appeal from the Circuit Court for Miami–Dade County, Norma S. Lindsey, Judge.
Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant Public Defender, for appellant. Pamela Jo Bondi, Attorney General, and Brent J. Kelleher, Assistant Attorney General, for appellee.
Before WELLS, LAGOA and FERNANDEZ, JJ.

ON PARTIAL CONFESSION OF ERROR

WELLS, Judge.

We find no abuse of discretion in the trial court's decision to deny G.R.'s last minute motion for a continuance. See Mills v. State, 280 So.2d 35 (Fla. 3d DCA 1973). We also find no error in the trial court's order adjudicating G.R. delinquent for fleeing from a police officer. However, based on the State's proper partial confession of error, we reverse and remand for the limited purpose of conforming the written adjudicatory and disposition orders to the trial court's oral pronouncement that adjudication be withheld. See McDavid v. State, 790 So.2d 1292 (Fla. 3d DCA 2001).

Affirmed, in part; reversed, in part, and remanded with directions.