DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
January Term 2012
R.L.L., a child,
STATE OF FLORIDA,
[February 15, 2012]
R.L.L., a juvenile, appeals a disposition order finding him guilty of
felony battery. The State concedes that the disposition order incorrectly
states that the appellant was guilty of felony battery although the trial
judge orally found him guilty of domestic battery, as charged in the
juvenile petition. See, e.g., K.E.H. v. State, 717 So. 2d 182, 183 (Fla. 1st
DCA 1998) (remanding for correction of written order that failed to
conform to trial court’s oral pronouncement). The State also concedes
that the trial court erroneously assessed court costs as adjudication had
been withheld. See § 775.083(2), Fla. Stat. (2010) (“[C]ourt costs shall be
assessed and collected in each instance a defendant . . . [is] adjudicated
delinquent for, a felony, a misdemeanor, or a criminal traffic offense
under state law.”).
We have considered appellant’s remaining argument that the trial
court erred in finding him guilty where the State’s evidence did not rebut
the legal defense of self-defense, but we find no fundamental error in this
unpreserved claim. Accordingly, we affirm in part, reverse in part and
remand for entry of a corrected order consistent with this decision.
Affirmed in part, reversed in part and remanded.
MAY, C.J., and GROSS, J., concur.
Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Karen Martin, Judge; L.T. Case No. 10CJ001345AMB.
Carey Haughwout, Public Defender, and Patrick B. Burke, Assistant
Public Defender, West Palm Beach, for appellant.
Pamela Jo Bondi, Attorney General, Tallahassee, and Laura Fisher,
Assistant Attorney General, West Palm Beach, for appellee.
Not final until disposition of timely filed motion for rehearing.