Motion to Correct, Reduce, or Modify Sentence Pursuant to FRCP 3.800
In Rule 3.800 of the Florida Rules of Criminal Procedure, Florida has outlined additional sources of relief for a defendant who has been sentenced pursuant to an illegal sentence or who has received a sentence that is too severe or unnecessary. Rule 3.800(a) provides for the filing of a Motion to Correct an Illegal Sentence at any time. The reason being that an individual should never be incarcerated under an illegal sentence. Rule 3.800(b) permits the filing of a Motion to Correct Sentencing Error within the time given to file a timely Notice of Appeal or after a Notice of Appeal, but before the filing of the initial brief, if certain procedural hurdles are overcome. Finally, a defendant may file a Motion for Reduction or Modification of Sentence pursuant to Rule 3.800(c) within 60 days of the imposition of sentence or 60 days from the mandate of the appellate court.
For further information related to the filing a motion pursuant to FRCP 3.800 or how Foundation Legal can assist you, please contact us.