T. C. v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledApril 15, 2020
Docket2D19-0965
StatusPublished
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Full Opinion
NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
T.C., )
)
Appellant, )
)
v. ) Case No. 2D19-965
)
STATE OF FLORIDA, )
)
Appellee. )
)
Opinion filed April 15, 2020.
Appeal from the Circuit Court for Polk
County; Melissa Gravitt, Judge.
Howard L. Dimmig, II, Public Defender,
and Clark E. Green, Assistant Public
Defender, Bartow, for Appellant.
Ashley Moody, Attorney General,
Tallahassee, and Donna S. Koch,
Assistant Attorney General, Tampa,
for Appellee.
MORRIS, Judge.
T.C. appeals an order finding him guilty of the delinquent acts of battery
and disorderly conduct, withholding adjudication of delinquency, and placing him on
probation for one year. We affirm the findings of guilt without comment, but we reverse
the order of probation.
T.C. filed a motion to correct disposition error under Florida Rule of
Juvenile Procedure 8.135(b) on July 16, 2019, challenging the $100 public defender fee
on the basis that he was not provided notice of his right to contest the fee at a hearing.
The trial court entered an order granting T.C.'s motion on August 28, 2019. The trial
court also entered an amended order of probation and an amended order for legal
services on September 5, 2019, both nunc pro tunc to February 27, 2019, the date of
disposition.
The order granting the motion to correct disposition error and the
amended orders of probation and for legal services are nullities because they were
entered more than thirty days after T.C.'s motion was filed. See Fla. R. Juv. P.
8.135(b)(2)(B), (b)(1)(B) (requiring the trial court to file an order on the motion within
thirty days or the motion is deemed denied); A.R. v. State, 27 So. 3d 774, 775 (Fla. 2d
DCA 2010). Accordingly, we reverse the order of probation and remand for the trial
court to enter a new order of probation and a new order for legal services.
Affirmed in part; reversed in part; remanded.
NORTHCUTT and SLEET, JJ., Concur.
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