Florida Rule of Criminal Procedure 3.214

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RULE 3.214. INCOMPETENCY TO PROCEED TO SENTENCING:
DISPOSITION

If a defendant is determined to be incompetent to proceed after
being found guilty of an offense or violation of probation or
community control or after voluntarily entering a plea to an offense
or violation of probation or community control, but prior to
sentencing, the court shall postpone the pronouncement of
sentence and proceed pursuant to rule 3.210 (et seq.) and the
following rules.

Committee Note

1988 Amendment. Title. This new rule replaces the former

Cases Citing Rule 3.214

Total Results: 13

In Re Amendments to Florida Rules of Criminal Procedure

536 So. 2d 992, 1988 WL 143602

Supreme Court of Florida | Filed: Dec 30, 1988 | Docket: 2517246

Cited 27 times | Published

proceed with sentencing which is provided in Rule 3.214 below. 1988 Amendment: Title. The title has

Category: Criminal Procedure

Calloway v. State

651 So. 2d 752, 1995 WL 87325

District Court of Appeal of Florida | Filed: Mar 6, 1995 | Docket: 1518244

Cited 9 times | Published

Sentencing is one such "material stage." Fla.R.Crim.P. 3.214. Under Florida and federal *754 law, the

Category: Criminal Procedure

In Re Amend. to Fla. Rules of Cr. Proc.

606 So. 2d 227, 1992 WL 246494

Supreme Court of Florida | Filed: Sep 24, 1992 | Docket: 2191048

Cited 9 times | Published

now addressed with more specificity in the new rule 3.214. Under the Florida Supreme Court decision of

Category: Criminal Procedure

Rosales v. State

547 So. 2d 221, 1989 WL 75496

District Court of Appeal of Florida | Filed: Jul 11, 1989 | Docket: 1474500

Cited 5 times | Published

added). Fla.R.Crim.P. 3.215(c)(2) (formerly Fla.R. Crim.P. 3.214(c)(2)). The trial court's failure to instruct

Category: Criminal Procedure

Amendments to Rules of Criminal Procedure

942 So. 2d 407, 2006 WL 3229930

Supreme Court of Florida | Filed: Nov 9, 2006 | Docket: 1471518

Cited 3 times | Published

with sentencing, which is addressed provided in rule 3.214. COMMITTEE NOTES [No Change] RULE 3.640. EFFECT

Category: Criminal Procedure

Brown v. State

404 So. 2d 157

District Court of Appeal of Florida | Filed: Sep 23, 1981 | Docket: 1782125

Cited 3 times | Published

attached hereto and made a part hereof.) Further, Rule 3.214 of the Florida Rules of Criminal Procedure provides

Category: Criminal Procedure

Lowe v. State

438 So. 2d 1072, 1983 Fla. App. LEXIS 22682

District Court of Appeal of Florida | Filed: Oct 19, 1983 | Docket: 64600077

Cited 1 times | Published

would fly in the face of the tolling language of rule 3.214(d). Therefore, we conclude that the computation

Category: Criminal Procedure

Stanford D. Lewinson v. State

230 So. 3d 901

District Court of Appeal of Florida | Filed: Jun 16, 2017 | Docket: 6079323

Published

Florida Rule of Criminal Procedure 3.210. Fla. R. Crim. P. 3.214. Rule 3.210(b) provides: If,

Category: Criminal Procedure

Amendments to the Florida Rules of Criminal Procedure

794 So. 2d 457, 2000 Fla. LEXIS 2556, 2000 WL 1637548

Supreme Court of Florida | Filed: Nov 2, 2000 | Docket: 64808411

Published

proceed with sentencing, which is provided in rule 3.214. Committee Notes 1980 Adoption. As to involuntary

Category: Criminal Procedure

Sally v. State

489 So. 2d 210, 1986 Fla. App. LEXIS 8154, 11 Fla. L. Weekly 1255

District Court of Appeal of Florida | Filed: Jun 3, 1986 | Docket: 64619718

Published

stand trial. See § 916.12, Fla.Stat. (1983); Fla.R.Crim.P. 3.214(c). Beyond that, counsel’s vague post-trial

Category: Criminal Procedure

Gonzalez v. State

476 So. 2d 329, 1985 Fla. App. LEXIS 16324

District Court of Appeal of Florida | Filed: Oct 15, 1985 | Docket: 64614536

Published

308 (1981); § 916.12(2), Fla.Stat. (1980); Fla.R.Crim.P. 3.214(c)(1).

Category: Criminal Procedure

Ricciardelli v. State

453 So. 2d 199, 1984 Fla. App. LEXIS 14238

District Court of Appeal of Florida | Filed: Jul 25, 1984 | Docket: 64606052

Published

promptly determine if charges should be refiled. Rule 3.214(d) provides that the provisions of Rule 3.191

Category: Criminal Procedure

Florida Bar

389 So. 2d 610, 1980 Fla. LEXIS 4378

Supreme Court of Florida | Filed: Jul 18, 1980 | Docket: 64578555

Published

of incompetence of defendant to stand trial. RULE 3.214: EFFECT OF ADJUDICATION OF INCOMPETENCY TO STAND

Category: Criminal Procedure