Anthony Dale Carter v. State of Florida

         FIRST DISTRICT COURT OF APPEAL
                STATE OF FLORIDA
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                         No. 1D17-4294
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ANTHONY DALE CARTER,

    Appellant,

    v.

STATE OF FLORIDA,

    Appellee.
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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.


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    Not final until disposition of any timely and
    authorized motion under Fla. R. App. P. 9.330 or
    9.331.
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Anthony Dale Carter, pro se, Appellant.

Pamela Jo Bondi, Attorney General, and Sharon S. Traxler,
Assistant Attorney General, Tallahassee, for Appellee.




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