T. C. vs STATE OF FLORIDA

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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 T.C., Appellant, v. STATE OF FLORIDA, Appellee. ) ) ) ) ) ) ) ) ) ) Case No. 2D19-965 Opinion filed April 15, 2020. Appeal from the Circuit Court for Polk County; Melissa Gravitt, Judge. Howard L. Dimmig, II, Public Defender, and Clark E. Green, Assistant Public Defender, Bartow, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Donna S. Koch, Assistant Attorney General, Tampa, for Appellee. MORRIS, Judge. T.C. appeals an order finding him guilty of the delinquent acts of battery and disorderly conduct, withholding adjudication of delinquency, and placing him on probation for one year. We affirm the findings of guilt without comment, but we reverse the order of probation. T.C. filed a motion to correct disposition error under Florida Rule of Juvenile Procedure 8.135(b) on July 16, 2019, challenging the $100 public defender fee on the basis that he was not provided notice of his right to contest the fee at a hearing. The trial court entered an order granting T.C.'s motion on August 28, 2019. The trial court also entered an amended order of probation and an amended order for legal services on September 5, 2019, both nunc pro tunc to February 27, 2019, the date of disposition. The order granting the motion to correct disposition error and the amended orders of probation and for legal services are nullities because they were entered more than thirty days after T.C.'s motion was filed. See Fla. R. Juv. P. 8.135(b)(2)(B), (b)(1)(B) (requiring the trial court to file an order on the motion within thirty days or the motion is deemed denied); A.R. v. State, 27 So. 3d 774, 775 (Fla. 2d DCA 2010). Accordingly, we reverse the order of probation and remand for the trial court to enter a new order of probation and a new order for legal services. Affirmed in part; reversed in part; remanded. NORTHCUTT and SLEET, JJ., Concur. -2-

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