B. L. S. v. STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: October 11, 2019
• Docket: 18-2170
• Status: Published

Opinion

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED

IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT

B. L. S., ) ) Appellant, ) ) v. ) Case No. 2D18-2170 ) STATE OF FLORIDA, ) ) Appellee. ) ___________________________________)

Opinion filed October 11, 2019.

Appeal from the Circuit Court for Pinellas County; James V. Pierce, Judge.

Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and C. Todd Chapman, Assistant Attorney General, Tampa, for Appellee.

BADALAMENTI, Judge.

The State charged B.L.S. with the delinquent acts of criminal mischief and

burglary. At the adjudicatory hearing, the trial court orally pronounced that B.L.S.

committed criminal mischief and trespass, a lesser included delinquent act of burglary.

The subsequent written disposition order does not conform with the trial court's oral pronouncement. Specifically, the written disposition order provides that B.L.S.

committed criminal mischief and burglary, not criminal mischief and trespass, as the trial

court orally pronounced. We thus reverse and remand to the trial court for entry of a

written disposition order that conforms with its oral pronouncement that B.L.S.

committed the delinquent acts of criminal mischief and trespass. See L.D. v. State, 107

So. 3d 514, 515 (Fla. 2d DCA 2013) ("Because a trial court's written disposition must be

consistent with its oral pronouncement, we reverse the disposition order and remand for

entry of a corrected order that accurately reflects the court's oral pronouncement."

(citing N.L. v. State, 4 So. 3d 1286 (Fla. 2d DCA 2009))). We affirm the disposition

order in all other respects.

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

MORRIS and BLACK, JJ., Concur.

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