Anthony Dale Carter v. State of Florida ( 2018 )


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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
    

Document Info

Docket Number: 17-4294

Filed Date: 4/20/2018

Precedential Status: Precedential

Modified Date: 4/20/2018