Florida

Criminal Procedure

Criminal Procedure

Rule 3.9876 – MOTION FOR CORRECTION OF SENTENCE

MOTION FOR CORRECTION OF ILLEGAL SENTENCE, INCORRECT SENTENCING SCORESHEET, OR ERRONEOUS SEXUAL PREDATOR DESIGNATION FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(a) .

INSTRUCTIONS FOR FILING MOTION FOR CORRECTION OF SENTENCE PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(a) READ CAREFULLY.

1. The attached motion is to be used to request a correction of illegal sentence, incorrect calculation in a sentencing scoresheet, or erroneous sexual predator designation. This form should not be used for motions for correction of jail credit (see Fla. R. Crim. P. 3.801 ).
2. No successive motion for correction of incorrect calculation in a sentencing scoresheet or the correction of erroneous sexual predator designation will be considered. If a motion fails to allege new or different grounds for relief, and the prior determination was on the merits, the motion may be dismissed.
3. The court records must demonstrate, on their face, that you are entitled to a correction of sentence or that a sexual predator designation is erroneous. The records that demonstrate that a sentence is illegal, that there is an incorrect calculation in a sentencing scoresheet, or that a sexual predator designation is erroneous, should be attached to this motion.
4. You must complete the attached motion by filling in the blank spaces.
5. You must tell the truth and sign the attached motion. If you make a false statement of a material fact in your motion, you may be prosecuted for perjury. You must declare that you have read the motion for relief, or had the motion read to you, that you understand its contents, and that all of the facts contained in the motion are true and correct. If you do not answer YES to question 5, your motion will be rejected as incomplete.
6. You must file the attached motion in the court that imposed the sentence. 7. You are not required to pay a filing fee to file the attached motion.

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FL. R. Crim. P. 3.9876

Adopted by 265 So.3d 494, effective January 1, 2019.