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D.F., a juvenile, Appellant, v. The STATE of Florida, Appellee.
CONFESSION OF ERROR
D.F. appeals from an adjudication of delinquency and commitment order to a nonsecure residential facility for violation of the terms of his five-year probation. Based on the State's proper confession of error, and our own independent review of the record, we reverse the trial court's written adjudicatory and probation orders. See S.D.F. v. State, 911 So. 2d 887, 888 (Fla. 3d DCA 2005) (written probation order must conform with trial court's oral pronouncements).
Here, the orders specified that D.F. failed to abide by his curfew, failed to participate in individual counseling, failed to continue attending the Empowered Youth program and failed to complete 100 community service hours. Apart from the failure to complete community service hours as required, these findings do not appear in the transcript of the trial court's oral pronouncement. As such, we reverse and remand to the trial court to correct its written adjudicatory and probation orders to conform with its oral pronouncements.
Reversed and remanded with instructions.
PER CURIAM.
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Docket No: No. 3D19-0003
Decided: September 11, 2019
Court: District Court of Appeal of Florida, Third District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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