HUNTER ANTHONY BLACK
v.
STATE OF FLORIDA
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A trial court violates Double Jeopardy protections by unilaterally enhancing a defendant's sentence on its own initiative after the initial sentence has been imposed.
[1] A trial court violates a defendant's constitutional protection against double jeopardy when it unilaterally enhances a sentence on its own initiative after the original s…
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Join FLexlaw to unlock all legal intelligenceHunter Anthony Black sought to correct his sentence under Florida Rule of Criminal Procedure 3.800(b). The trial court had enhanced Black's sentence s…
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PER CURIAM.
ON CONFESSION OF ERROR
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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Columbus Rickey Ashley v. State, 850 So. 2d 1265 (Fla. 2003)
- Shepard v. State, 940 So. 2d 545 (Fla. 5th DCA 2006)