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Black v. State

District Court of Appeal of Florida, Fifth District.
Nov 18, 2022
351 So. 3d 191 (Fla. Dist. Ct. App. 2022)

Opinion

Case No. 5D21-2726

11-18-2022

Hunter Anthony BLACK, Appellant, v. STATE of Florida, Appellee.

Robert David Malove, of The Law Office of Robert David Malove, P.A., Fort Lauderdale, for Appellant. Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.


Robert David Malove, of The Law Office of Robert David Malove, P.A., Fort Lauderdale, for Appellant.

Ashley Moody, Attorney General, Tallahassee, and Kaylee D. Tatman, Assistant Attorney General, Daytona Beach, for Appellee.

ON CONFESSION OF ERROR

PER CURIAM. Hunter Anthony Black appeals from the trial court's denial of his motion to correct sentence under Florida Rule of Criminal Procedure 3.800(b). Based on the State's proper confession of error and our independent review, we reverse with directions to the trial court to reinstate Black's initial sentence. The trial court violated Black's rights against double jeopardy when, on its own initiative, it enhanced his sentence sixty days after imposing it. See Ashley v. State , 850 So. 2d 1265, 1267 (Fla. 2003) ; Shepard v. State , 940 So. 2d 545, 548 (Fla. 5th DCA 2006). Black's presence is not required for this ministerial act.

REVERSED and REMANDED with INSTRUCTIONS.

SASSO, TRAVER and NARDELLA, JJ., concur.


Summaries of

Black v. State

District Court of Appeal of Florida, Fifth District.
Nov 18, 2022
351 So. 3d 191 (Fla. Dist. Ct. App. 2022)
Case details for

Black v. State

Case Details

Full title:Hunter Anthony BLACK, Appellant, v. STATE of Florida, Appellee.

Court:District Court of Appeal of Florida, Fifth District.

Date published: Nov 18, 2022

Citations

351 So. 3d 191 (Fla. Dist. Ct. App. 2022)