JAMES CARTER, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2010-06-09
No. 3D08-1237
Before COPE, SHEPHERD, and LAGOA, JJ.
37 So. 3d 377 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 1 case

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.


Holding

The court held that the trial court did not err in denying the petition for writ of habeas corpus because the record shows Carter was orally sentenced as a habitual felony offender on all counts.


Headnotes

[1] A trial court's oral pronouncement of sentence controls over a written sentencing order when there is a discrepancy.

[2] Issues previously decided by a trial court and affirmed on appeal are subject to collateral estoppel, preventing relitigation.

Previewing 2 of 4 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

Carter, previously sentenced as a habitual felony offender on three counts, filed a habeas corpus petition arguing the oral sentence was only pronounc…

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
LAGOA, Judge.

LAGOA, Judge.

Appellant, James Carter (“Carter”), appeals from the summary denial of his petition for writ of habeas corpus. We affirm.

In 1997, Carter pled guilty to the charges of aggravated assault, burglary with an assault, and possession of a firearm by a convicted felon. At that time, the trial court entered a written sentence imposing a habitual felony offender sentence on all three counts. In the petition filed below, Carter argued, inter alia, that the trial court did not orally pronounce a habitual felony offender on all counts. In support of the petition, Carter attached a portion of the 1997 plea transcript,1 and a July 21, 2000 corrected written sentence. On appeal, Carter contends that the only issue is whether the trial court orally pronounced a habitual felony offender sentence on all three counts or only on count one.

*378We find no merit to Carter’s contention that he was sentenced as a habitual felony-offender only on count one, rather than on all three counts. A review of the plea transcript shows that the trial court orally sentenced Carter as a habitual felony offender on all three counts and the 1997 written sentencing order is in accordance with this oral pronouncement. See Williams v. State, 957 So.2d 600, 603 (Fla.2007).

Furthermore, the July 21, 2000, corrected written sentence does not support Carter’s position on appeal. That sentencing order was entered following this Court’s remand in Carter v. State, 752 So.2d 725 (Fla. 3d DCA 2000). In that appeal, Carter argued that his counsel erroneously advised him that his sentence would run concurrently with his conditional release violation sentence, when, in fact, his sentences were consecutive. In Carter, 752 So.2d at 725, this Court ordered an eviden-tiary hearing only as to whether defense counsel advised Carter that the sentence in this case and the conditional release violation sentence would run concurrently. On remand, the trial court entered the July 21, 2000, corrected written sentence and a subsequent order providing that Carter’s sentences in both cases were to run concurrently. However, the July 21, 2000, corrected written sentence also reflects a change to the 1997 written sentence, which imposed a habitual felony offender sentence on all counts. Instead of a habitual felony offender sentence on all counts, the corrected sentence provides that Carter is sentenced as a habitual felony offender only as to count one.

Subsequently, the trial court and this Court addressed the propriety of this part of the corrected sentence. On December 12, 2003, the trial court entered an order denying Carter’s motion to correct an illegal sentence,2 finding that “[i]t is clear from the [1997] transcript that the Court did sentence the Defendant as a Habitual Felony Offender on all three counts, and the clerk’s entry on the [July 21, 2000] Corrected Judgment and Sentence is in error.” The trial court also ordered the clerk to prepare a corrected sentence.3 This Court affirmed the order denying Carter’s motion. Carter v. State, 869 So.2d 559 (Fla. 3d DCA 2004) (table). Therefore, the issue whether the habitual felony offender sentence on count one only, as provided in the July 21, 2000 written corrected sentence, was proper has been previously ruled on by the trial court and affirmed by this Court. See State v. McBride, 848 So.2d 287, 290 (Fla.2003) (explaining that collateral estoppel prevents identical parties from relitigating the same issues that were previously decided). However, the State has advised this Court that the trial court clerk’s office is unable to locate a corrected sentence entered pursuant to the December 12, 2003, order. Accordingly, on remand, the trial court is directed to enter a second corrected sentence providing that Carter was sentenced as a habitual felony offender on all counts.

Affirmed and remanded.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Carter v. State, 166 So. 3d 891 (Fla. 3d DCA 2015)
    …t. It is clear from all surrounding indications that the trial court imposed a thirty-year sentence, and that the hearing transcript likely contains a scrivener’s error. . Carter v. State, 138 So. 3d 452 (Fla. 3d DCA 2014) (Table); Carter v. State, 775 So. 3d 186 (Fla. 3d DCA 2011) (Table); Carter v. Crosby, 882 So. 2d 390 (Fla. 3d DCA 2004) (Table); Carter v. State, 852 So. 2d 241 (Fla. 3d DCA 2003) (Table); Carter v. State, 837 So. 2d 472 (Fla. 3d DCA 2003) (Mem); Carter v. State, 821 So. 2d 1072 (Fla. 3d…

Authorities Cited

Full citator, related cases, and AI research tools

Open in FLexlaw