Amendments to Florida Rule of Appellate Procedure 9.020(g) and Florida Rule of Criminal Procedure 3.800, No. 86881
| Court | United States State Supreme Court of Florida |
| Writing for the Court | PER CURIAM; KOGAN |
| 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. |
| Docket Number | No. 86881 |
| Decision Date | 27 June 1996 |
Page 1374
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.
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.]
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Maddox v. State, No. SC92805
...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 ......
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Maddox v. State, No. 96-3590
...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......
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Amendments to the Florida Rules of Appellate Procedure, Nos. 87134
...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......
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Vanderblomen v. State, No. 97-2557
...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......
-
Maddox v. State, No. SC92805
...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
...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
...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
...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......