D.M.C. v. State

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DETERMINED IN THE DISTRICT COURT OF APPEAL OF FLORIDA SECOND DISTRICT D.M.C., Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D03-1900 Opinion filed December 15, 2004. Appeal from the Circuit Court for Pasco County; Lawrence J. Semento (Lake County) and William R. Webb (Pasco County), Judges. James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant. Charles J. Crist, Jr., Attorney General, Tallahassee, and Chandra Waite Dasrat, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. D.M.C. appeals an order adjudicating him delinquent for aggravated battery with a deadly weapon. We affirm the adjudication of delinquency. We affirm the disposition order but remand for the trial court to correct a scrivener's error and an omission in the order. The order mistakenly designates a public defender's fee of $800 when the court orally pronounced, and D.M.C. agreed to pay, a $300 fee. In addition, the order fails to state the maximum term of commitment. On remand, the trial court should correct the order in these two respects. Affirmed and remanded. ALTENBERND, C.J., and DAVIS and WALLACE, JJ., Concur. -2-

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