C.M. v. State

Full title: C.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.

Court: District Court of Appeal of Florida, Third District.

Date published: Aug 28, 2019

278 So. 3d 856 (Fla. Dist. Ct. App. 2019)

Opinion

No. 3D19-442

08-28-2019

C.M., a juvenile, Appellant, v. The STATE of Florida, Appellee.

Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Chief Assistant Public Defender, for appellant. Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

PER CURIAM.

Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Chief Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Sandra Lipman, Assistant Attorney General, for appellee.

Before EMAS, C.J., and SCALES and LOBREE, JJ.

PER CURIAM.

We affirm the trial court's order without prejudice to C.M. filing with the trial court a motion to correct disposition order pursuant to Florida Rule of Juvenile Procedure 8.135. Compare B.F.H. v. State, 207 So. 3d 374 (Fla. 2d DCA 2016) (declining to reach issue of whether there was an inconsistency between the oral pronouncement and the written order where the juvenile "neglected to preserve the issue for appeal by filing a motion to correct disposition order" under rule 8.135 ); M.N. v. State, 16 So. 3d 280 (Fla. 2d DCA 2009), with K.M. v. State, 233 So. 3d 1205 (Fla. 3d DCA 2017) (reaching merits of a disposition error where juvenile preserved issue by filing rule 8.135 motion with trial court), and M.L.J. v. State, 93 So. 3d 348, 350 (Fla. 2d DCA 2012) (observing that the juvenile properly preserved the issue by filing a motion to correct disposition error pursuant to rule 8.135 ).

Affirmed.