Florida Bar News

Amendments to Criminal Rule 3.800(c)

Amendments to Criminal Rule 3.800(c)

The Florida Bar’s Criminal Procedure Rules Committee (committee) has submitted to the Florida Supreme Court an out-of-cycle report proposing amendments to Florida Rule of Criminal Procedure 3.800(c) (Correction, Reduction, and Modification of Sentences; Reduction and Modification). The court invites all interested persons to comment on the proposed amendments, which are reproduced in full below, as well as online at www.floridasupremecourt.org/decisions/proposed.shtml. An original and nine paper copies of all comments must be filed with the court on or before February 1, with a certificate of service verifying that a copy has been served on Robert T. Strain, Committee Chair, Capital Collateral Regional Counsel, 3801 Corporex Park Drive, Suite 210, Tampa 33619-1136, as well as a separate request for oral argument if the person filing the comment wishes to participate in oral argument, which may be scheduled in this case. The committee chair has until February 22 to file a response to any comments filed with the court. Electronic copies of all comments also must be filed in accordance with the Court’s administrative order I n re Mandatory Submission of Electronic Copies of Documents, Fla. Admin. Order No. AOSC04-84 (Sept. 13, 2004).

IN RE AMENDMENTS TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(c), CASE NO. SC10-2218

RULE 3.800 . CORRECTION, REDUCTION, AND MODIFICATION OF
SENTENCES

(a) – (b) [No Change]

(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 , sua sponte, or upon motion filed within 60 days after the 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, 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. If review is upon motion, the trial court shall have an additional 60 days or additional time as agreed by the parties to file an order ruling on the motion. This subdivision shall not be applicable to those cases in 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.