S.G. 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 S.G., Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) Case Nos. 2D07-523 2D07-618 CONSOLIDATED Opinion filed September 17, 2008. Appeal from the Circuit Court for Highlands County; Peter F. Estrada, Judge. James Marion Moorman, Public Defender, and Wendy J. DePaul, Special Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Elba Caridad Martin, Assistant Attorney General, Tampa, for Appellee. PER CURIAM. Fifteen-year-old S.G. appeals his adjudication of delinquency and a disposition order after violating concurrent terms of probation for possession of cannabis, possession of drug paraphernalia, and culpable negligence. His appellate counsel filed a brief pursuant to Anders v. California, 386 U.S. 738 (1967), after which supplemental briefing was ordered to address several possible disposition errors. The supplemental briefs present a meritorious argument concerning these errors, but we decline to discuss them because no motion to correct a disposition order was filed pursuant to Florida Rule of Juvenile Procedure 8.135, the juvenile equivalent of Florida Rule of Criminal Procedure 3.800(b). Therefore, these errors have not been preserved for appellate review. See C.M.B. v. State, 952 So. 2d 1207 (Fla. 2d DCA 2007); R.C.M. v. State, 887 So. 2d 411 (Fla. 2d DCA 2004). Accordingly, we affirm the adjudication and disposition in their entirety but without prejudice to S.G.'s right to file a rule 8.135 motion in the circuit court, if he elects to do so. Affirmed. ALTENBERND and CASANUEVA, JJ., and CANADY, CHARLES T., ASSOCIATE JUDGE, Concur. -2-

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