IN RE FLORIDA RULES OF CRIMINAL PROCEDURE

Fla. | 1981-10-15
No. 58988-B
SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur.
408 So. 2d 207 Florida Supreme Court (1981) Positive Treatment
Cited by 10 cases

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Holding

The Court adopts a revised Florida Rule of Criminal Procedure 3.986 concerning uniform judgment and sentence forms.


Facts & Procedural History

The Court is issuing an order to append a revised rule to the Florida Rules of Criminal Procedure. This revised rule pertains to uniform judgment and …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appended to this order is the revised Florida Rule of Criminal Procedure 3.986 relating to uniform judgment and sentence forms. This Court finds that the uniform application of judgments and sentences is essential to the proper administration of justice in the State of Florida.

Thus this Court hereby adopts this revised rule pursuant to Florida Rule of Judicial Administration 2.130(a). This rule shall govern all proceedings within its scope after midnight, October 31, 1981. This Court respectfully requests that interested parties file any appropriate suggestions or objections on or before December 1, 1981. The current rule is hereby stricken and the appended language is substituted therefor.

It is so ordered.

SUNDBERG, C. J., and ADKINS, BOYD, OVERTON, ALDERMAN and MCDONALD, JJ., concur. APPENDIX PROPOSED LANGUAGE FOR RULE 3.986 RULE 3.986 JUDGMENT AND SENTENCE The following uniform judgment and sentence shall be sufficient. Variation from this form does not void the judgment, sentence, and fingerprints that are otherwise sufficient.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Franklin v. State, 526 So. 2d 159 (Fla. 5th DCA 1988)
    …, and would have held that such an increased sentence after a defendant violated probation does not offend either the Federal Probation Act or the Fifth Amendment safeguard against double punishment. . See In re Florida Rules of Criminal Procedure, 408 So. 2d 207 (Fla.1981). . Now section 948.01(8), Florida Statutes (1987). . § 958.011, et seq., Fla.Stat. (1987). . § 958.14, Fla.Stat. (1985). . Fla.R.Crim.P. 3.701(d)(ll), Committee Note (1983). . The Florida Bar: Amendment to Rules of Criminal Procedure…
  • State v. McKENZIE, 574 So. 2d 1176 (Fla. 5th DCA 1991)
    …3.135(1)(b)1 loses its minimum mandatory character. There is more than one way to express a judgment in writing and variation from the form does not void a judgment or sentence that is otherwise sufficient. In re Florida Rules of Criminal Procedure, 408 So. 2d 207 (Fla.1981). Neither Florida Rule of Criminal Procedure 3.986 nor any other rule makes the completion and filing of the authorized form of judgment and sentence a condition to a valid sentence. Flowers v. State, 351 So. 2d 387 (Fla. 1st DCA 1977). An…
  • Small v. State, 556 So. 2d 780 (Fla. 1st DCA 1990)
    …2 (Fla. 3rd DCA 1988). AFFIRMED. SHIVERS, C.J., and SMITH, J., concur. . The judgment and sentence form utilized in this 1976 prosecution preceded the uniform judgment and sentence form adopted in 1981, In Re Florida Rules of Criminal Procedure, 408 So. 2d 207 (Fla.1981), which calls for a more detailed specification of the subject crime in the judgment. See Fla.R.Cr.P. 3.986. Prior thereto, it was customary for the judgment to refer only generically to the offense, e.g. “robbery” or “burglary."…

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