Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, 86881

• Decision Date: 27 June 1996
• Docket Number: No. 86881,86881
• Citation: 675 So.2d 1374
• Parties: 21 Fla. L. Weekly S290 AMENDMENTS TO FLORIDA RULE OF APPELLATE PROCEDURE 9.020(g) AND FLORIDA RULE OF CRIMINAL PROCEDURE 3.800.
• Court: Florida Supreme Court

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 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 issued by the appellate court on affirmance of the judgment and/or sentence on an original appeal, or within 60 days after receipt by the court of a certified copy of an order of the appellate court dismissing an original appeal from the judgment and/or sentence, or, if further appellate review is sought in a higher court or in successively higher courts, then within 60 days after the highest state or federal court to which a timely appeal has been taken under authority of law, or in which a petition for certiorari has been timely filed under authority of law, has entered an order of affirmance or an order dismissing the appeal and/or denying certiorari. This subdivision of the rule shall not, however, be applicable to those casesin which the death sentence is imposed or those cases in which the trial judge has imposed the minimum mandatory sentence or has no sentencing discretion.

[ADDED: COMMENTARY]

[ADDED: Subdivision (b)...