R.W. v. State

272 So. 3d 882
CourtDistrict Court of Appeal of Florida
DecidedMay 31, 2019
DocketCase No. 2D17-3701
StatusPublished

This text of 272 So. 3d 882 (R.W. 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
R.W. v. State, 272 So. 3d 882 (Fla. Ct. App. 2019).

Opinion

PER CURIAM.

R.W. appeals the disposition order committing him to the Department of Juvenile Justice following his adjudication of delinquency for trespass in a conveyance as a lesser included offense of burglary of an unoccupied conveyance, grand theft of a motor vehicle, grand theft, and resisting an officer without violence. We affirm the adjudication and the ensuing disposition, but we reverse the written disposition order and remand to the juvenile court to correct it to accurately reflect the oral pronouncement.

Following the adjudicatory hearing, the trial court orally found that R.W. committed the offense of trespass in a conveyance, a second-degree misdemeanor. See § 810.08, Fla. Stat. (2016). However, the disposition order indicates that he was adjudicated delinquent of the offense of trespass on property other than a structure or a conveyance, a first-degree misdemeanor. See § 810.09(2)(a). Accordingly, we reverse the disposition order and remand for entry of an order that comports with the oral pronouncement.

*883Affirmed in part, reversed in part, and remanded.

LaROSE, C.J., and NORTHCUTT and KHOUZAM, JJ., Concur.

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Bluebook (online)
272 So. 3d 882, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rw-v-state-fladistctapp-2019.