IN RE RULE 3.850 OF THE FLORIDA RULES OF CRIMINAL PROCEDURE

Fla. | 1985-12-19
Nos. 67910, 67960
BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARK-ETT, JJ., concur.
481 So. 2d 480 Florida Supreme Court (1985) Positive Treatment
Cited by 16 cases

Opinion of the Court
ADKINS, Justice.

ADKINS, Justice.

We have for consideration emergency petition for suspension and reconsideration of the time-limitation provisions of Rule 3.850, Florida Rules of Criminal Procedure.

The rule contains the following provision. Anyone adjudicated guilty prior to January 1, 1985, shall have until January 1, 1986, to file a motion in accordance with this rule.

This provision is hereby amended to read as follows:

Any person whose judgment and sentence became final prior to January 1, 1985, shall have until January 1, 1987, to file a motion in accordance with this rule.

In all other respects the rule is reaffirmed.

It is so ordered.

BOYD, C.J., and OVERTON, MCDONALD, EHRLICH, SHAW and BARK-ETT, JJ., concur.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Johnson v. State, 536 So. 2d 1009 (Fla. 1988)
    …ate had until January 1, 1986, to file their petitions. The Florida Bar Re: Amendment to Rules of Criminal Procedure, 460 So. 2d 907 (Fla.1984). This deadline was extended to January 1, 1987. In re: Rule 3.850 of Florida Rules of Criminal Procedure, 481 So. 2d 480 (Fla.1985). That portion of the rule containing the time limitation now reads as follows: A motion to vacate a sentence which exceeds the limits provided by law may be filed at any time. No other motion shall be filed or considered pursuant to this…
  • Brown v. State, 481 So. 2d 1271 (Fla. 5th DCA 1986)
    …ommittee’s recommendation was presented, the supreme court declined to accept it because it “did not believe it appropriate to approve boiler plate language.” See The Florida Bar Re: Rules of Criminal Procedure (Sentencing Guidelines, 3.701, 3.988), 481 So. 2d 480 (Fla.1985).…
  • Gino B. Vonia v. State, 680 So. 2d 438 (Fla. 2d DCA 1996)
    …ht, 372 U.S. 335, 83 S.Ct. 792, 9 L.Ed.2d 799 (1963). . Art. V, § 5, Fla. Const. . The Florida Bar re Amendment to Rules of Criminal Procedure (Rule 3.850), 460 So. 2d 907 (Fla.1984). . In re Rule 3.850 of the Florida Rules of Criminal Procedure, 481 So. 2d 480 (Fla.1985).…

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