holding that a trial court may not withhold adjudication for a drug trafficking offense under section 893.135
How later courts described this case
- holding that a trial court may not withhold adjudication for a drug trafficking offense under section 893.135
- adopting amendments, effective immediately, to Fla. R.Crim. P. 3.800 and Fla. R.App. P. 9.600(d), and explaining that “under the new rule 3.800(b)(2), if a notice of appeal has been filed, a motion to correct a sentencing error can also be filed in the trial court at any time until the first appellate brief is filed”
- explaining that rule 3.800(b)(2) pertains to motions to correct sentencing errors, which includes challenge against illegal sentence, while an appeal is pending
- permitting a defendant to file a rule 3.800(b) motion during pendency of appeal
Written by the judges who cited it.
The opinion
WELLS, J,
concurring in part and dissenting in part.
I concur in the adoption of the rule as proposed by the Criminal Appeal Reform Act Committee chaired by Judge Alten-bernd. However, I would adopt the rule exactly as proposed by the Committee. I would only add the following comment to Florida Rule of Criminal Procedure 3.800:
This amendment is not intended to alter the substantive law of the State concerning whether a change to the defendant’s sentence violates the constitutional prohibition against double jeopardy.
I believe that the substance of the rule, though, should be adopted as proposed. I also note that the courts must be diligent in requiring the motions to be good-faith allegations of sentencing error and not simply used as a tool to obtain extensions of time for filing of appellate briefs.