ANTHONY DALE CARTER
v.
STATE OF FLORIDA
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A court's oral pronouncement of sentence controls over any written sentencing document, and the trial court must award the credit as orally pronounced.
[1] A trial court's oral pronouncement of sentence at the sentencing hearing controls over any written sentencing document when the two conflict, and the court must award sen…
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Join FLexlaw to unlock all legal intelligence“It is a longstanding principle that a court's oral pronouncement controls over any written sentencing document.”
The court cited State v. Williams in support of the principle governing the relationship between oral pronouncements and written sentencing documents.
Anthony Dale Carter appealed the denial of his motion to correct an illegal sentence filed under Florida Rule of Criminal Procedure 3.800(a). Carter c…
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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.
2
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- State v. Meyawn Williams, 870 So. 2d 207 (Fla. 1st DCA 2004)