In Re Florida Rules of Crim. Procedure

408 So. 2d 207 (1981)

In re FLORIDA RULES OF CRIMINAL PROCEDURE.

No. 58988-B.

Supreme Court of Florida.

October 15, 1981.

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.

[] PROBATION VIOLATOR IN THE CIRCUIT COURT, ___________ (Check if Applicable) JUDICIAL CIRCUIT, IN AND FOR _________________ COUNTY, FLORIDA DIVISION ________________________ STATE OF FLORIDA CASE NUMBER _____________________ -vs- ____________________________ Defendant JUDGMENT The Defendant, __________________________, being personally before this Court represented by _________________, his attorney of record, and having: [] Been tried and found guilty of the following crime(s) (Check Applicable [] Entered a plea of guilty to the following crime(s) Provision) [] Entered a plea o'nolo contenders to the following crime(s) OFFENSE STATUTE DEGREE CASE COUNT CRIME NUMBER(S) OF CRIME NUMBER _____ ____________________ __________________ ________ _________ _____ ____________________ __________________ ________ _________ _____ ____________________ __________________ ________ _________ _____ ____________________ __________________ ________ _________ _____ ____________________ __________________ ________ _________ _____ ____________________ __________________ ________ _________ _____ ____________________ __________________ ________ _________ _____ ____________________ __________________ ________ _________ and no cause having been shown why the Defendant should not be adjudicated guilty. IT IS ORDERED THAT the Defendant is hereby ADJUDICATED GUILTY of the above crime(s). ***************** The Defendant is hereby ordered to pay the sum of ten dollars ($10.00) pursuant to F.S. 960.20 (Crimes Compensation Trust Fund). The Defendant is further ordered to pay the sum of two dollars ($2.00) as a court cost pursuant to F.S. 943.25(4). [] The Defendant is ordered to pay an additional sum of two dollars ($2.00) pursuant to F.S. 943.25(8). (This provision is optional; not applicable unless checked). (Check if Applicable) [] The Defendant is further ordered to pay a fine in the sum of $ __________________ pursuant to F.S. 775.0835. (This provision refers to the optional fine for the Crimes Compensation Trust Fund, and is not applicable unless checked and completed. Fines imposed as part of a sentence pursuant to F.S. 775.083 are to be recorded on the Sentence page(s)). [] The Court hereby imposes additional court costs in the sum of $ ______________________ Imposition of Sentence [] The Court hereby stays and withholds the Stayed and Withheld imposition of sentence as to count(s) ____________ (Check if Applicable) and places the Defendant on probation for a period of ________________________________ under the supervision of the Department of Corrections (conditions of probation set forth in separate order.) Sentence Deferred [] The Court hereby defers imposition of sentence Until Later Date until ________________________________ (Check if Applicable) (date) The Defendant in Open Court was advised of his right to appeal from this Judgment by filing notice of appeal with the Clerk of Court within thirty days following the date sentence is imposed or probation is ordered pursuant to this adjudication. The Defendant was also advised of his right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency. FINGERPRINTS OF DEFENDANT -------------------------------------------------------------------------- | 1. R. Thumb | 2. R. Index | 3. R. Middle | 4. R. Ring | 5. R. Little | |-------------|---------------|---------------|------------|---------------| | | | | | | | | | | | | | | | | | | | | | | | | |-------------|---------------|---------------|------------|---------------| | 6. L. Thumb | 7. L. Index | 8. L. Middle | 9. L. Ring | 10. L. Little | |-------------|---------------|---------------|------------|---------------| | | | | | | | | | | | | | | | | | | | | | | | | -------------------------------------------------------------------------- Fingerprints taken by: _____________________________________________ Name and Title DONE AND ORDERED in Open Court at _______ County, Florida, this ______ day of __________ A.D., 19__. I HEREBY CERTIFY that the above and foregoing fingerprints are the fingerprints of the Defendant, ______________ and that they were placed thereon by said Defendant in my presence in Open Court this date. ________________________________________ JUDGE Defendant ____________________ Case Number __________________ SENTENCE (As to Count _________________) The Defendant, being personally before this Court, accompanied by his attorney, _____________________, and having been adjudicated guilty herein, and the Court having given the Defendant an opportunity to be heard and to offer matters in mitigation of sentence, and to show cause why he should not be sentenced as provided by law, and no cause being shown, [] and the Court having on _________________ deferred (date) imposition of sentence until this date, (Check either provision if [] and the Court having placed the Defendant on applicable) probation and having subsequently revoked the Defendant's probation by separate order entered herein, IT IS THE SENTENCE OF THE LAW that; [] The Defendant pay a fine of $ ___________, plus $ __________ as the 5% surcharge required by F.S. 960.25. [] The Defendant is hereby committed to the custody of the Department of Corrections [] The Defendant is hereby committed to the custody of the Sheriff[*] of ____________ County, Florida (Name of local corrections authority to be inserted at printing, if other than Sheriff) To be imprisoned (check one; unmarked sections are inapplicable) [] For a term of Natural Life [] For a term of _______________________ [] For an indeterminate period of 6 months to _________ years. [] Followed by a period of _______ on probation under the supervision of the Department of Corrections according to the terms and conditions of probation set forth in a separate order entered if "split" sentence herein. complete either of these two paragraphs [] However, after serving a period of _____________ imprisonment in ____________ the balance of such sentence shall be suspended and the Defendant shall be placed on probation for a period of ___________ under supervision of the Department of Corrections according to the terms and conditions of probation set forth in a separate order entered herein. SPECIAL PROVISIONS By appropriate notation, the following provisions apply to the sentence imposed in this section: Firearm — 3 year [] It is further ordered that the 3 year minimum mandatory minimum provisions of F.S. 775.087(2) are hereby imposed for the sentence specified in this count, as the Defendant possessed a firearm. Drug Trafficking — [] It is further ordered that the ______ year minimum mandatory minimum provisions of F.S. 893.135(1)()() are hereby imposed for the sentence specified in this count. Retention of [] The Court pursuant to F.S. 947.16(3) retains Jurisdiction jurisdiction over the defendant for review of any parole Commission release order for the period of ________. The requisite findings by the Court are set forth in a separate order or stated on the record in open court. Habitual Offender [] The Defendant is adjudged a habitual offender and has been sentenced to an extended term in this sentence in accordance with the provisions of F.S. 775.084(4)(a). The requisite findings by the court are set forth in a separate order or stated on the record in open court. Jail Credit [] It is further ordered that the Defendant shall be allowed a total of ___________ credit for such time as he has been incarcerated prior to imposition of this sentence. Such credit reflects the following periods of incarceration (optional): Consecutive/Concurrent It is further ordered that the sentence imposed for this count shall run [] consecutive to [] concurrent with (check one) the sentence set forth in count ____________ above. Consecutive/Concurrent It is further ordered that the composite term of (As to other all sentences imposed for the counts specified in convictions) this order shall run [] consecutive to [] concurrent with (check one) the following: [] Any active sentence being served. [] Specific sentences: ___________________________ ______________________________________________ ______________________________________________ ______________________________________________ In the event the above sentence is to the Department of Corrections, the Sheriff of __________________ County, Florida is hereby ordered and directed to deliver the Defendant to the Department of Corrections together with a copy of this Judgment and Sentence. The Defendant in Open Court was advised of his right to appeal from this Sentence by filing notice of appeal within thirty days from this date with the Clerk of this Court, and the Defendant's right to the assistance of counsel in taking said appeal at the expense of the State upon showing of indigency. In imposing the above sentence, the Court further recommends _____________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ DONE AND ORDERED in Open Court at _______________ County, Florida, this ____________ day of ___________ A.D., 19__. _________________________________________ JUDGE