HUNTER ANTHONY BLACK vs STATE OF FLORIDA

• Court: District Court of Appeal of Florida
• Decided: November 18, 2022
• Docket: 21-2726
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

HUNTER ANTHONY BLACK,

Appellant,

v. Case No. 5D21-2726 LT Case No. 2020-CF-001303-A

STATE OF FLORIDA,

Appellee.

________________________________/

Opinion filed November 18, 2022

Appeal from the Circuit Court for Osceola County, Mikaela Nix-Walker, Judge.

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.

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.