BLACK v. STATE (2022)

District Court of Appeal of Florida, Fifth District.

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

Case No. 5D21-2726

Decided: November 18, 2022

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

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.

PER CURIAM.

SASSO, TRAVER and NARDELLA, JJ., concur.

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