B.L. v. State

District Court of Appeal of Florida

B.L. v. State

576 So. 2d 930, 1991 Fla. App. LEXIS 2614, 1991 WL 41008

CourtDistrict Court of Appeal of Florida

DecidedMarch 28, 1991

DocketNo. 90-1163

StatusPublished

This text of 576 So. 2d 930 (B.L. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

B.L. v. State, 576 So. 2d 930, 1991 Fla. App. LEXIS 2614, 1991 WL 41008 (Fla. Ct. App. 1991).

Pincite

Opinion

COBB, Judge.

B.L. was charged with burglary of a dwelling and grand theft. At trial, the court granted a judgment of acquittal on the grand theft charge and found (via oral pronouncement) that B.L. was guilty of petit theft. Subsequent court orders state that B.L. pled guilty to burglary.

It is axiomatic that oral pronouncements control over clerical errors. Drumwright v. State, 572 So.2d 1029 (Fla. 5th DCA 1991); Wilkins v. State, 543 So.2d 800 (Fla. 5th DCA), review denied, 554 So.2d 1170 (Fla.1989). B.L. was adjudicated guilty of petit theft. Subsequent orders contained a clerical error, that B.L. pled guilty to burglary. The adjudication of petit theft obviously controls over the clerical error and B.L. must be sentenced accordingly.

REVERSED AND REMANDED.

DAUKSCH and HARRIS, JJ., concur.

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