Posts Tagged ‘Motion to modify sentence’


New Rules on Motions to Correct, Reduce or Modify a Sentence

Thursday, December 8th, 2011

The Florida Supreme Court has just issued an opinion approving a rules change, specifically, Fla. R. Crim. Pro. 3.800(c).  The full opinion can be read here.

Here’s the portion of the opinion which explains the change:

Having considered the Committee’s report, we adopt the amendments to rule 3.800(c) proposed by the Committee, with modifications. The amended rule provides a sixty-day period of time for the trial court to sua sponte modify a sentence or for the defendant to file a motion to modify a sentence. The rule is further amended to provide that a trial court shall have ninety days, or such time as agreed by the parties or extended by the trial court, from the date a motion to modify a sentence is filed to enter an order ruling on the motion. Finally, language is added to provide that a motion to modify a sentence is deemed denied if an order is not timely entered by a trial court.

(Disclaimer: This post is not intended as legal advice nor does it create an attorney-client relationship.)