NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING
MOTION AND, IF FILED, DETERMINED
IN THE DISTRICT COURT OF APPEAL
OF FLORIDA
SECOND DISTRICT
R.L.F., )
)
Appellant, )
)
v. ) Case No. 2D16-4255
)
STATE OF FLORIDA, )
)
Appellee. )
___________________________________ )
Opinion filed October 4, 2017.
Appeal from the Circuit Court for
Hillsborough County; Robert A. Bauman,
Judge.
Howard L. Dimmig, II, Public Defender, and
Carol J. Y. Wilson, Assistant Public
Defender, Bartow, for Appellant.
Pamela Jo Bondi, Attorney General,
Tallahassee, for Appellee.
PER CURIAM.
In this Anders1 appeal, R.L.F. appeals from a disposition order finding that
he committed delinquent acts, withholding adjudication of delinquency, and placing him
on juvenile probation until the age of nineteen with special conditions. We affirm in all
1
Anders v. California,
386 U.S. 738 (1967).
respects but note that a possible sentencing error may exist in the actual disposition
order.
The disposition order reflects that the trial court imposed a total of $200 in
costs and fees, whereas the trial court's oral pronouncement of sentence imposed a
total of $150 in "court costs." See W.S.G. v. State,
32 So. 3d 725, 726 (Fla. 2d DCA
2010) ("If a discrepancy exists between the written sentence and the oral
pronouncement, the written sentence must be corrected to conform to the oral
pronouncement." (quoting Guerra v. State, 927 So. 2d 248, 249 (Fla. 2d DCA 2006))).
However, because R.L.F. failed to preserve this potential error by filing a motion to
correct sentencing error, this court must affirm. See Thomas v. State,
190 So. 3d 222,
223 (Fla. 1st DCA 2016) (affirming without prejudice the defendant's sentence because
even though the written sentence failed to comport with the trial court's oral
pronouncement, the defendant failed to properly preserve the sentencing error). Our
affirmance is without prejudice for R.L.F. to raise this possible sentencing error in an
appropriate postconviction motion. See
id.
Affirmed.
VILLANTI, KHOUZAM, and SLEET, JJ., Concur.
-2-
