TIRRELL TYRONE PALMER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
PER CURIAM.
We affirm the appellant’s judgment and sentence but remand for correction of a scrivener’s error contained in the written judgment. See Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005) (remanding for correction of scrivener’s error in the judgment); Bolware v. State, 668 So. 2d 200 (Fla. 1st DCA 1995) (same). The judgment erroneously recites that' the appellant was convicted of aggravated battery causing great bodily harm under section 784.045(l)(a), when the appellant entered a plea to the lesser included offense of felony battery. The judgment must be corrected to reflect the appellant’s conviction for felony battery, not aggravated battery.
AFFIRMED and REMANDED with instructions.
KAHN, C.J., DAVIS and BROWNING, JJ., concur.
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R.F. v. State, 42 So. 3d 333 (Fla. 2d DCA 2010)…ion specifically applies when the court adjudicates a child delinquent, not when the court withholds [*335] adjudication of delinquency. See §§ 985.35(4)(a), .435(1), (5), .455(1), (3); N.W. v. State, 767 So. 2d 446, 450 (Fla.2000); J.M.W. v. State, 935 So. 2d 630, 631 (Fla. 2d DCA 2006).2 Therefore, because the trial court withheld adjudication of delinquency, it properly imposed the probationary term until R.F.’s nineteenth birthday. Accordingly, we affirm the probationary term. With respect to costs under…
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C.C. v. State, 150 So. 3d 216 (Fla. 4th DCA 2014)…d not specify the duration of the probation term. One is unable to determine from the record whether the trial court intended an indefinite period of probation or whether by oversight it omitted to state the period of probation. See J.M.W. v. State, 935 So. 2d 630, 631 (Fla. 2d DCA 2006). However, C.C. did not preserve these issues by filing a petition for writ of habeas corpus challenging the voluntariness of his plea or by moving to correct the disposition order. See DM. v. State, 84 So. 3d 1242, 1244 (Fla.…
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- Diaz v. State, 910 So. 2d 894 (Fla. 1st DCA 2005)
- Demello Bolware v. State, 668 So. 2d 200 (Fla. 1st DCA 1995)
- State Farm Mut. Auto. Ins. Co. v. Penland, 668 So. 2d 200 (Fla. 4th DCA 1995)