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Florida Illegal Sentences:  Rule 3.800

By:  Brooke Elvington, Esq.

(Copyright 2016)

(Article personally written by Ms. Elvington, and may not be reproduced without express written authorization)


Florida Rule of Criminal Procedure 3.800 permits defendants to challenge the legality of his/her sentence during a pending direct criminal appeal, or after the appeal is final.  


Only issues that are apparent on the face of the trial court record can be addressed under this rule. These claims usually include: sentence exceeds the statutory limits for the offense, improper calculation of jail credit, discrepancies between the written and oral pronouncement of sentences, failure to orally pronounce special conditions of probation, and improper sentence enhancements, such as HFO and/or PRR.  To raise sentencing issues on direct appeal, the issue must be preserved.  An experienced appellate attorney should understand how to preserve the issue so that the appellate court can review the claim in the event that the trial court denies the motion.   


There are significant changes to life sentences imposed on juvenile offenders.  The law is constantly changing on this issue, and an experienced appellate attorney may be helpful in navigating this issue if it applies to you or a loved one.  


Contact Brooke today to have your case evaluated to determine if your sentence is illegal.