M.H.-R. v. State

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IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 M.H.-R., A CHILD, Appellant, v. Case No. 5D10-2108 STATE OF FLORIDA, Appellee. ________________________________/ Opinion filed May 20, 2011 Appeal from the Circuit Court for Lake County, Michael G. Takac, Judge. Nancy C. Wear, B.C.S., Coral Gables, for Appellant. Pamela Jo Bondi, Attorney General, Tallahassee, and L. Charlene Matthews, Assistant Attorney General, Daytona Beach, for Appellee. PER CURIAM. We affirm the trial court s determination that M.H.-R. was guilty of resisting a law enforcement officer without violence. See Hiibel v. Sixth Judicial Dist. Court of Nevada, Humboldt County, 542 U.S. 177 (2004) (individual may be required to provide his or her name to law enforcement officer where officer has initiated a valid Terry1 stop). However, we remand for a new disposition hearing (assuming the issue has not 1 Terry v. Ohio, 392 U.S. 1 (1968). become moot) because of the inconsistencies between the trial court s oral pronouncement and its written order as to the length of M.H.-R. s curfew and probationary periods. AFFIRMED in part; REVERSED in part; REMANDED GRIFFIN, PALMER and EVANDER, JJ., concur. 2

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