Fla. R. Crim. P. 3.9876

As amended through March 26, 2024

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.

In the Circuit Court of the Judicial Circuit in and for

County, Florida

State of Florida	)
)
v.	)
)
______________________________	)
(your name)	)
)
______________________________	)

MOTION FOR CORRECTION OF ILLEGAL SENTENCE, INCORRECT SENTENCING SCORESHEET, OR ERRONEOUS SEXUAL PREDATOR DESIGNATION

_______________(hereinafter "Defendant"), in pro se fashion, respectfully moves this Honorable Court for correction of:

___ illegal sentence; and/or

___ incorrect calculation in a sentencing scoresheet; and/or

___ erroneous sexual predator designation

pursuant to Florida Rule of Criminal Procedure 3.800(a). In support of the motion, the defendant states the following in a question-and-answer format:

1. What are the FACT(S) that entitle you to correction of sentence?____________________

___________________________________________________________________________

2. Where in the court's record is it demonstrated that you are entitled to correction of sentence, correction of incorrect calculation in a sentencing scoresheet, or the correction of erroneous sexual predator designation?_________________

3. Is this the first motion you have filed requesting this correction of sentence or removal of an erroneous sexual predator designation? ______________________________________________________________________

If you answered NO, how many prior motions have you filed? What was the claim in each motion?

As to EACH motion, what was the result?__________________________________

___________________________________________________________________________

4. What is the correct sentence or designation that you are requesting in this motion?

___________________________________________________________________________

5. Under penalties of perjury and administrative sanctions from the Department of Corrections, including forfeiture of gain time if this motion is found to be frivolous or made in bad faith, I certify that I understand the contents of the foregoing motion, that the facts contained in the motion are true and correct, and that I have a reasonable belief that the motion is timely filed. I certify that this motion does not duplicate previous motions that have been disposed of by the court. I further certify that I understand English and have read the foregoing motion or had the motion read to me, or the foregoing motion was translated completely into a language which I understand and read to me by .....(name)....., whose address is .....(address)....., and whose certification of an accurate and complete translation is attached to this motion.

/s/_____________________________

Name DC#_____________________________

Certification of Mailing_____________________________

(Must use Certification of Mailing OR Certificate of Service)

I certify that I placed this document in the hands of .....(here insert name of institution official)..... for mailing to .....(here insert name or names and address(es) used for service)..... on .....(date)......

/s/_____________________________

Name_____________________________

Address_____________________________

DC#_____________________________

Certificate of Service

(Must use Certification of Mailing OR Certificate of Service)

I certify that the foregoing document has been furnished to (here insert name or names, address(es) used for service and mailing address(es)) by (e-mail) (delivery) (mail) (fax) on .....(date)......

/s/_____________________________

Attorney_____________________________

Certification of an Accurate and Complete Translation (To be used if translation of the motion was necessary.)

I certify that a complete and accurate translation of this motion was provided to the Defendant in this case on .....(date)......

/s/_____________________________

Name_____________________________

Address_____________________________

DC#_____________________________

FL. R. Crim. P. 3.9876

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