D.B., a Child v. State of Florida
CourtDistrict Court of Appeal of Florida
Date FiledJuly 16, 2021
Docket1D20-2757
StatusPublished
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Full Opinion
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D20-2757
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D.B., A Child,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Duval County.
David Gooding, Judge.
July 16, 2021
B.L. THOMAS, J.
Appellant challenges the trial court’s denial of a Motion to
Correct Disposition Error filed pursuant to Florida Rules of
Juvenile Procedure 8.135(b)(2). We reverse and remand.
After a bench trial, the trial court found Appellant guilty of
carrying a concealed firearm. The trial court issued a Final
Disposition Order placing Appellant on probation and withholding
adjudication of delinquency. However, the order incorrectly stated
that Appellant pleaded guilty to the charged offense. Additionally,
the order did not prescribe Appellant’s probation length, and the
court did not orally pronounce at Appellant’s sentencing.
Appellant timely filed a Motion to Correct Disposition Error
under Florida Rule of Juvenile Procedure 8.135(b)(2), but the trial
court failed to rule within the allotted thirty-day period, denying
the motion. Fla. R. Juv. P. 8.135(b)(2).
“Motions to correct sentencing errors involve ‘purely legal
issues,’ and are therefore reviewed de novo.” Ray v. State, 68 So.
3d 346, 347 (Fla. 1st DCA 2011). Appellant preserved this issue for
review by filing a Motion to Correct Disposition Error with the trial
court. C.f. A.L.B. v. State, 23 So. 3d 190, 191 (Fla. 1st DCA 2009).
This Court has held that an “appellant [is] entitled to be informed
of the length of [his or her] probation.” S.T. v. State, 8 So. 3d 1153,
1153 (Fla. 1st DCA 2009).
We reverse the Final Disposition Order and remand the case
for entry of a corrected order.
REVERSED and REMANDED.
ROBERTS and LONG, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Jessica J. Yeary, Public Defender, and Jasmine Russell, Assistant
Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Tabitha Herrera, Assistant
Attorney General, Tallahassee, for Appellee.
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