C.G.K. v. State

District Court of Appeal of Florida

C.G.K. v. State

150 So. 3d 1203, 2014 Fla. App. LEXIS 18396

CourtDistrict Court of Appeal of Florida

DecidedNovember 12, 2014

DocketNos. 4D13-3436, 4D13-3440, 4D13-3441, 4D13-3442, 4D13-3443, 4D13-3444

StatusPublished

Cited by2 cases

This text of 150 So. 3d 1203 (C.G.K. 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

C.G.K. v. State, 150 So. 3d 1203, 2014 Fla. App. LEXIS 18396 (Fla. Ct. App. 2014).

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Opinion

PER CURIAM.

We affirm without discussion appellant’s withheld adjudication of delinquency and delinquency disposition for violation of probation. However, we remand for the trial court to correct the written order to reflect the trial court’s oral pronouncement of disposition. At the violation of probation hearing, the trial court’s oral pronouncement was that it would withhold adjudication. However, it appears that due to a scrivener’s error, the trial court’s disposition indicates that “the child is adjudicated delinquent.” In criminal proceedings, where a trial court’s oral pronouncement is unambiguous, the oral pronouncement controls over the written order. See Briggs v. State, 936 So.2d 789 (Fla. 4th DCA 2006).

Affirmed and remanded for correction of written order.

WARNER, MAY and CONNER, JJ., concur.

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PER CURIAM.

We affirm without discussion appellant’s withheld adjudication of delinquency and delinquency disposition for violation of probation. However, we remand for the trial court to correct the written order to reflect the trial court’s oral pronouncement of disposition. At the violation of probation hearing, the trial court’s oral pronouncement was that it would withhold adjudication. However, it appears that due to a scrivener’s error, the trial court’s disposition indicates that “the child is adjudicated delinquent.” In criminal proceedings, where a trial court’s oral pronouncement is unambiguous, the oral pronouncement controls over the written order. See Briggs v. State, 936 So.2d 789 (Fla. 4th DCA 2006).

Affirmed and remanded for correction of written order.

WARNER, MAY and CONNER, JJ., concur.

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Bluebook (online)

150 So. 3d 1203, 2014 Fla. App. LEXIS 18396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cgk-v-state-fladistctapp-2014.

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