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BLACK v. STATE (2022)

District Court of Appeal of Florida, Fifth District.2022-11-18No. Case No. 5D21-2726

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Opinion

ON CONFESSION OF ERROR

Hunter Anthony Black appeals from the trial courts denial of his motion to correct sentence under Florida Rule of Criminal Procedure 3.800(b). Based on the States proper confession of error and our independent review, we reverse with directions to the trial court to reinstate Blacks initial sentence. The trial court violated Blacks 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). Blacks presence is not required for this ministerial act. REVERSED and REMANDED with INSTRUCTIONS.

PER CURIAM.

SASSO, TRAVER and NARDELLA, JJ., concur.