RULE 3.9876. MOTION FOR CORRECTION OF SENTENCE

MOTION FOR CORRECTION OF ILLEGAL SENTENCE, INCORRECT
SENTENCING SCORESHEET, OR ERRONEOUS SEXUAL
PREDATOR DESIGNATION
FLORIDA RULE OF CRIMINAL PROCEDURE 3.800(a)

INSTRUCTIONS FOR FILING MOTION FOR CORRECTION OF
SENTENCE
PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE
3.800(a)
READ CAREFULLY

1. The attached motion is to be used to request a correction
of illegal sentence, incorrect calculation in a sentencing scoresheet,
or erroneous sexual predator designation. This form should not be
used for motions for correction of jail credit (see Fla. R. Crim. P.
3.801).

2. No successive motion for correction of incorrect
calculation in a sentencing scoresheet or the correction of
erroneous sexual predator designation will be considered. If a
motion fails to allege new or different grounds for relief, and the
prior determination was on the merits, the motion may be
dismissed.

3. The court records must demonstrate, on their face, that
you are entitled to a correction of sentence or that a sexual predator
designation is erroneous. The records that demonstrate that a
sentence is illegal, that there is an incorrect calculation in a
sentencing scoresheet, or that a sexual predator designation is
erroneous, should be attached to this motion.

4. You must complete the attached motion by filling in the
blank spaces.
5. You must tell the truth and sign the attached motion. If
you make a false statement of a material fact in your motion, you
may be prosecuted for perjury. You must declare that you have read
the motion for relief, or had the motion read to you, that you
understand its contents, and that all of the facts contained in the
motion are true and correct. If you do not answer YES to question
5, your motion will be rejected as incomplete.

6. You must file the attached motion in the court that
imposed the sentence.

7. You are not required to pay a filing fee to file the attached
motion.

In the Circuit Court of the
Judicial Circuit
in and for
County, Florida

State of Florida )
)
v. )
)
)
(your name) )
)
)

MOTION FOR CORRECTION OF ILLEGAL SENTENCE, INCORRECT
SENTENCING SCORESHEET, OR ERRONEOUS SEXUAL
PREDATOR DESIGNATION

(hereinafter “Defendant”), in pro se fashion,
respectfully moves this Honorable Court for correction of:

___ illegal sentence; and/or

___ incorrect calculation in a sentencing scoresheet; and/or
___ erroneous sexual predator designation

pursuant to Florida Rule of Criminal Procedure 3.800(a). In support
of the motion, the defendant states the following in a question-and-
answer format:

1. What are the FACT(S) that entitle you to correction of
sentence?




2. Where in the court’s record is it demonstrated that you
are entitled to correction of sentence, correction of incorrect
calculation in a sentencing scoresheet, or the correction of
erroneous sexual predator designation?

3. Is this the first motion you have filed requesting this
correction of sentence or removal of an erroneous sexual predator
designation?

If you answered NO, how many prior motions have you filed? What
was the claim in each motion?




As to EACH motion, what was the result?
4. What is the correct sentence or designation that you are
requesting in this motion?




5. Under penalties of perjury and administrative sanctions
from the Department of Corrections, including forfeiture of gain
time if this motion is found to be frivolous or made in bad faith, I
certify that I understand the contents of the foregoing motion, that
the facts contained in the motion are true and correct, and that I
have a reasonable belief that the motion is timely filed. I certify that
this motion does not duplicate previous motions that have been
disposed of by the court. I further certify that I understand English
and have read the foregoing motion or had the motion read to me,
or the foregoing motion was translated completely into a language
which I understand and read to me by .....(name)....., whose address
is .....(address)....., and whose certification of an accurate and
complete translation is attached to this motion.


/s/
Name
DC#

Certification of Mailing
(Must use Certification of Mailing OR Certificate of Service)

I certify that I placed this document in the hands of .....(here
insert name of institution official)..... for mailing to .....(here insert
name or names and address(es) used for service)..... on
.....(date)......
/s/
Name
Address
DC#

Certificate of Service
(Must use Certification of Mailing OR Certificate of Service)

I certify that the foregoing document has been furnished to
(here insert name or names, address(es) used for service and
mailing address(es)) by (e-mail) (delivery) (mail) (fax) on .....(date)......

/s/
Attorney


Certification of an Accurate and Complete Translation
(To be used if translation of the motion was necessary.)

I certify that a complete and accurate translation of this
motion was provided to the Defendant in this case on .....(date)......

/s/
Name
Address
DC#