RULE 3.760. PROCEDURE WHEN NONIDENTITY IS ALLEGED
AS CAUSE FOR NOT PRONOUNCING SENTENCE

When the cause alleged for not pronouncing sentence is that
the person brought before the court to be sentenced is not the same
person against whom the verdict, finding of the court, or judgment
was rendered, the court, if necessary, shall postpone the
pronouncement of sentence for the purpose of hearing evidence on
the allegation. If the court decides that the allegation is true, it shall
discharge the person from custody unless the person is in custody
on some other charge. If, however, it decides that the allegation is
not true, it shall proceed to pronounce sentence.

Committee Notes

1968 Adoption. A revamped version of section 921.11, Florida
Statutes.

1972 Amendment. Same as prior rule.