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650 So. 2d 1097

Docket No. 93-03211.

DF, JR. v. State

D.F., Jr., Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided February 22, 1995.

District Court of Appeal of Florida · decided 1995-02-22

Key passage — most relied on by later courts

“When there is a difference between a court's oral pronouncement and a written order, the oral pronouncement controls.”

quoted by 1 later decision, including As v. State

Relies on Reber v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1995-02-22

How this case has been cited

Cited by 8 later decisions — most recently October 2016

8 state decisions

40199520002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1*1098 Stephen M. Martin, Lakeland, for appellant.

¶2Robert A. Butterworth, Atty. Gen., Tallahassee, and Ann P. Corcoran, Asst. Atty. Gen., Tampa, for appellee.

¶3PER CURIAM.

¶4The 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.

¶5We 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.

¶6Remanded with instructions.

¶7SCHOONOVER, A.C.J., and PATTERSON and BLUE, JJ., concur.

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