Filed: Apr. 20, 2018
Latest Update: Mar. 03, 2020
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4294 _ ANTHONY DALE CARTER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge. April 20, 2018 PER CURIAM. The Appellant appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the denial of the Appellant’s claim that he is entitled to 441 days of credit for count 11 as orally pronounced
Summary: FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _ No. 1D17-4294 _ ANTHONY DALE CARTER, Appellant, v. STATE OF FLORIDA, Appellee. _ On appeal from the Circuit Court for Duval County. Steven B. Whittington, Judge. April 20, 2018 PER CURIAM. The Appellant appeals the denial of his motion to correct illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). We reverse the denial of the Appellant’s claim that he is entitled to 441 days of credit for count 11 as orally pronounced d..
More
FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D17-4294
_____________________________
ANTHONY DALE CARTER,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
_____________________________
On appeal from the Circuit Court for Duval County.
Steven B. Whittington, Judge.
April 20, 2018
PER CURIAM.
The Appellant appeals the denial of his motion to correct
illegal sentence filed pursuant to Florida Rule of Criminal
Procedure 3.800(a). We reverse the denial of the Appellant’s
claim that he is entitled to 441 days of credit for count 11 as
orally pronounced during his sentencing hearing and remand for
the trial court to award that credit. State v. Williams,
870 So. 2d
207 (Fla. 1st DCA 2004) (“It is a longstanding principle that a
court’s oral pronouncement controls over any written sentencing
document.”) (citing Ashley v. State,
850 So. 2d 1265, 1268 (Fla.
1st DCA 2003)). We affirm the denial of the Appellant’s other
claims.
AFFIRMED in part, REVERSED in part, and REMANDED with
directions.
WOLF, ROBERTS, and WETHERELL, JJ., concur.
_____________________________
Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
_____________________________
Anthony Dale Carter, pro se, Appellant.
Pamela Jo Bondi, Attorney General, and Sharon S. Traxler,
Assistant Attorney General, Tallahassee, for Appellee.
2