DF, JR. v. State, 650 So. 2d 1097 (Fla. 2d DCA 1995). · Go Syfert
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DF, JR. v. State, 650 So. 2d 1097 (Fla. 2d DCA 1995). Cases Citing This Book View Copy Cite
10 citation events (5 in the last 25 years) across 1 distinct court.
Strongest positive: Bealts v. State (fladistctapp, 1999-06-18)
Top citers, strongest first. 5 distinct citers.
cited Cited as authority (rule) Bealts v. State
Fla. Dist. Ct. App. · 1999 · confidence medium
“When there is a difference between a court’s oral pronouncement and a written order, the oral pronouncement controls.” D.F. v. State, 650 So.2d 1097, 1098 (Fla. 2d DCA 1995).
discussed Cited as authority (rule) A.S. v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
Although the trial court orally pronounced that A.S.’s sentences for Counts I and II would be served concurrently, the written commitment order provides that the sentences are to run consecutively. ‘When there is a difference between a court’s oral pronouncement and a written order, the oral pronouncement controls.” D.F. v. State, 650 So.2d 1097, 1098 (Fla. 2d DCA 1995).
cited Cited as authority (rule) As v. State
Fla. Dist. Ct. App. · 1998 · confidence medium
"When there is a difference between a court's oral pronouncement and a written *1039 order, the oral pronouncement controls." D.F. v. State, 650 So.2d 1097, 1098 (Fla. 2d DCA 1995).
cited Cited "see" BC v. Department of Children and Families
Fla. Dist. Ct. App. · 2004 · signal: see · confidence high
See D.F., Jr. v. *489 State, 650 So.2d 1097 (Fla. 2d DCA 1995).
cited Cited "see" Denson v. State
Fla. Dist. Ct. App. · 1998 · signal: see · confidence high
See D.F. v. State, 650 So.2d 1097 (Fla. 2d DCA 1995).
D.F., Jr., Appellant,
v.
STATE of Florida, Appellee.
93-03211.
District Court of Appeal of Florida, Second District.
Feb 22, 1995.
650 So. 2d 1097
Per Curiam.
Cited by 9 opinions  |  Published

[*1098] Stephen M. Martin, Lakeland, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann P. Corcoran, Asst. Atty. Gen., Tampa, for appellee.

PER CURIAM.

The appellant, D.F., Jr., challenges an order adjudicating him delinquent and sentencing him as a serious or habitual juvenile offender pursuant to section 39.01(46)(a), Florida Statutes (1993). We find no merit in the appellant's contentions and, accordingly, affirm the trial court's adjudication and its determination that the appellant qualified as a serious or habitual juvenile offender.

We must remand, however, for the purpose of correcting a scrivener's error in the court's written order. At the appellant's hearing, the court found the appellant guilty of aggravated battery with a weapon, a first degree felony. §§ 784.045, 775.087(1)(b), Fla. Stat. (1993). The court's written order indicates that he was found guilty of aggravated battery, a second degree felony. § 784.045. When there is a difference between a court's oral pronouncement and a written order, the oral pronouncement controls. Reber v. State, 611 So.2d 91 (Fla. 2d DCA 1992). Upon remand, the court should correct the written order to reflect that the appellant was found guilty of a first degree felony.

Remanded with instructions.

SCHOONOVER, A.C.J., and PATTERSON and BLUE, JJ., concur.