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Anthony Dale Carter v. State of Florida, 17-4294 (2018)

Court: District Court of Appeal of Florida Number: 17-4294 Visitors: 1
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
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         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

Source:  CourtListener

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