DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
E.W.L., a child,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
No. 4D22-1358
[February 8, 2023]
Appeal from the Circuit Court for the Nineteenth Judicial Circuit,
Martin County; Darren Steele, Judge; L.T. Case No. 432021CJ000138A.
Carey Haughwout, Public Defender, and Erika Follmer, Assistant
Public Defender, West Palm Beach, for appellant.
Ashley Moody, Attorney General, Tallahassee, and Luke R. Napodano,
Assistant Attorney General, West Palm Beach, for appellee.
PER CURIAM.
We affirm the final judgment but remand for correction of minor
sentencing errors.
Appellant, a juvenile, appeals the disposition order adjudicating him
delinquent and sentencing him to nonsecure residential treatment
followed by probation. Defense counsel filed an Anders brief, 1 claiming
there are no issues of arguable merit other than minor sentencing and
scrivener’s errors. See Rashid v. State, 932 So. 2d 1205, 1206 (Fla. 4th
DCA 2006) (counsel may raise minor sentencing errors in Anders briefs).
Appellant raised these same errors in a Florida Rule of Juvenile
Procedure 8.135(b)(2) motion. Although the trial court entered an order
granting appellant’s motion, the trial court did so past the thirty-day
jurisdictional time limit, rendering the order a nullity. Fla. R. Juv. P.
8.135(b)(2)(B); see also O.H. v. State, 948 So. 2d 79, 80 (Fla. 2d DCA 2007)
1 Anders v. California, 386 U.S. 738, 87 S. Ct. 1396, 18 L. Ed. 2d 493 (1967).
(holding that order granting rule 8.135(b)(2) motion after thirty days was
a nullity).
Therefore, while we affirm the order of disposition, we remand for the
trial court to enter again an order correcting the minor sentencing errors
and scrivener’s errors as follows: 1) reducing the cost of prosecution to
$100 in accordance with sections 985.032(2) and 938.27(8), Florida
Statutes (2021); 2) entering an order of revocation of probation listing the
conditions violated, see M.A.L. v. State, 110 So. 3d 493, 498 (Fla. 4th DCA
2013), and D.S. v. State, 267 So. 3d 414, 416-17 (Fla. 4th DCA 2019); 3)
specifying the days of time served in secure detention before disposition;
4) showing that appellant entered a plea of admission to the violations of
probation; 5) indicating that appellant was adjudicated delinquent as to
Count One; and 6) indicating that the petition alleging appellant a
delinquent child was filed on September 22, 2021.
Affirmed and remanded.
WARNER, GROSS and LEVINE, JJ., concur.
* * *
Not final until disposition of timely filed motion for rehearing.
2