Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, No. 86881

CourtUnited States State Supreme Court of Florida
Writing for the CourtPER CURIAM; KOGAN
Citation675 So.2d 1374
Parties21 Fla. L. Weekly S290 AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020(g) AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.800.
Docket NumberNo. 86881
Decision Date27 June 1996

Page 1374

675 So.2d 1374
21 Fla. L. Weekly S290
AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020(g) AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.800.
No. 86881.
Supreme Court of Florida.
June 27, 1996.

Original Proceeding--Florida Rules of Appellate Procedure and Criminal Procedure.

John A. DeVault, III, President; John W. Frost, II, President-elect; and John F. Harkness, Jr., Executive Director, The Florida Bar, Tallahassee; the Honorable Marguerite H. Davis, Chair, Appellate Court Rules Committee, Tallahassee; Melanie Ann Hines, Chair, Florida Bar Criminal Procedure Rules Committee, Tallahassee; and Thomas D. Hall, Tallahassee, for Petitioner.

Nancy A. Daniels, Public Defender and Paula S. Saunders, Assistant Public Defender, Second Judicial Circuit, Tallahassee, on behalf of the Florida Public Defender Association; James W. Rogers, Bureau Chief, Criminal Appeals, Office of the Attorney General, Tallahassee; and other interested parties, responding with comments to the proposed amendments.

PER CURIAM.

In view of the recent enactment of the Criminal Appeal Reform Act of 1996 (CS/HB 211), which becomes effective on July 1, 1996, the Court hereby amends Florida Rule of Criminal Procedure 3.800 and Florida Rule

Page 1375

of Appellate Procedure 9.020(g) as set forth in the appendix attached hereto. The purpose of these amendments is to ensure that a defendant will have the opportunity to raise sentencing errors on appeal. These amendments become effective on July 1, 1996.

Pursuant to Florida Rule of Judicial Administration 2.130(a), interested parties shall have sixty days within which to file comments directed to these amendments. However, such comments shall not affect the finality of these amendments and no further order of this Court on the subject shall be forthcoming unless this Court determines that further amendment is required.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.

APPENDIX

Florida Rule of Criminal Procedure 3.800:

[ADDED: (b) Motion to Correct Sentencing Error. A defendant may file a motion to correct the sentence or order of probation within ten days after the rendition of the sentence.]

DELETED: (b)] [ADDED: (c)] Reduction and Modification. A court may reduce or modify to include any of the provisions of chapter 948, Florida Statutes, a legal sentence imposed by it within 60 days after such imposition, or within 60 days after receipt by the court of a mandate...

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34 practice notes
  • Maddox v. State, No. SC92805
    • United States
    • United States State Supreme Court of Florida
    • May 11, 2000
    ...this Court clearly indicated in Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996), that it was the Court's intent to honor the Legislature's initiative that sentencing errors be preserved in the trial court as a ......
  • Maddox v. State, No. 96-3590
    • United States
    • Court of Appeal of Florida (US)
    • March 13, 1998
    ...rendition of the sentence. See Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996). Only then, if not corrected by the trial court, could it be raised on appeal because it had been "preserved." Although rule 3.80......
  • Amendments to the Florida Rules of Appellate Procedure, Nos. 87134
    • United States
    • United States State Supreme Court of Florida
    • November 22, 1996
    ...sentence within ten days. Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996). Because many sentencing errors are not immediately apparent at sentencing, we felt that this rule would provide an avenue to preserve s......
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...Criminal Procedure 3.800(b). See Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374, 1375 (Fla.1996); see also Johnson v. State, 697 So.2d 1245, 1245 (Fla. 1st DCA), review denied, 703 So.2d 476 (Fla.1997); Williams v. Sta......
  • Request a trial to view additional results
34 cases
  • Maddox v. State, No. SC92805
    • United States
    • United States State Supreme Court of Florida
    • May 11, 2000
    ...this Court clearly indicated in Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996), that it was the Court's intent to honor the Legislature's initiative that sentencing errors be preserved in the trial court as a ......
  • Maddox v. State, No. 96-3590
    • United States
    • Court of Appeal of Florida (US)
    • March 13, 1998
    ...rendition of the sentence. See Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996). Only then, if not corrected by the trial court, could it be raised on appeal because it had been "preserved." Although rule 3.80......
  • Amendments to the Florida Rules of Appellate Procedure, Nos. 87134
    • United States
    • United States State Supreme Court of Florida
    • November 22, 1996
    ...sentence within ten days. Amendments to Florida Rule of Appellate Procedure 9.020(g) & Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374 (Fla.1996). Because many sentencing errors are not immediately apparent at sentencing, we felt that this rule would provide an avenue to preserve s......
  • Vanderblomen v. State, No. 97-2557
    • United States
    • Court of Appeal of Florida (US)
    • March 24, 1998
    ...Criminal Procedure 3.800(b). See Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, 675 So.2d 1374, 1375 (Fla.1996); see also Johnson v. State, 697 So.2d 1245, 1245 (Fla. 1st DCA), review denied, 703 So.2d 476 (Fla.1997); Williams v. Sta......
  • Request a trial to view additional results

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