D.F., A JUVENILE, vs THE STATE OF FLORIDA,
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Third District Court of Appeal State of Florida Opinion filed September 11, 2019. ________________ No. 3D19-0003 Lower Tribunal Nos. 18-586 & 18-588 ________________ D.F., a juvenile, Appellant, vs. The State of Florida, Appellee. An Appeal from the Circuit Court for Miami-Dade County, William Johnson, Senior Judge. Carlos J. Martinez, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Kayla Heather McNab, Assistant Attorney General, for appellee. Before SCALES, LINDSEY and LOBREE, JJ. CONFESSION OF ERROR PER CURIAM. D.F. appeals from an adjudication of delinquency and commitment order to a nonsecure residential facility for violation of the terms of his five-year probation. Based on the State's proper confession of error, and our own independent review of the record, we reverse the trial court's written adjudicatory and probation orders. See S.D.F. v. State, 911 So. 2d 887, 888 (Fla. 3d DCA 2005) (written probation order must conform with trial court's oral pronouncements). Here, the orders specified that D.F. failed to abide by his curfew, failed to participate in individual counseling, failed to continue attending the Empowered Youth program and failed to complete 100 community service hours. Apart from the failure to complete community service hours as required, these findings do not appear in the transcript of the trial court's oral pronouncement. As such, we reverse and remand to the trial court to correct its written adjudicatory and probation orders to conform with its oral pronouncements. Reversed and remanded with instructions. 2
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