TBD | Item 13A (FL Bar's Pro Se Handbook)

ITEM 13A | INTRODUCTION

Generally, there are two different types of postconviction relief motions:

(1) a motion to correct, reduce, or modify a sentence pursuant to Florida Rule of Criminal Procedure 3.800 and

(2) a motion to vacate, set aside, or correct a sentence pursuant to Florida Rule of Criminal Procedure 3.850 or 3.851 (for death penalty cases).

Although the rules for postconviction motions under rules 3.850 and 3.851 are similar, a defendant should be careful to consult with the rule that applies to the type of sentence imposed in his/her case. In 2013, the Florida Supreme Court adopted rule 3.801, which governs motions seeking jail credit. The new rule only applies to motions seeking in-state jail credit; motions seeking out of state jail credit should still be filed in a rule 3.850 motion. See Gisi v. State, 135 So. 3d 493, 495 (Fla. 2d DCA 2014). The Florida Supreme Court created a model form for postconviction relief motions filed pursuant to rule 3.850, but there is no model form for rule 3.800 or 3.801 motions. The model form for a motion for postconviction relief under rule 3.850 is found at rule 3.987, Florida Rules of Criminal Procedure.

Congratulations! You're now booked up on Item 13A from the Florida Bar's Pro Se Handbook!

You might need to reference it during your pursuit of justice.

For instance, you might need to examine this handbook in order to protect yourself from judges/lawyers/organizations who break the law (see this example of a Florida judge who outright committed perjury).

Nevertheless – and as always – please get the justice you deserve.

Sincerely,

www.TextBookDiscrimination.com

	Download
	FCHR 101: How it Works
	Video: A Judge's Perjury
	A Judge's Perjury
	Audio: Drop the Steal
	How-To: Disqualification
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	Textbook Case
	Textbook Case
	Warning: FCHR Bribery
	Warning: FCHR Corruption
	Warning: FCHR Discrimination
	Warning: FCHR Obstruction

ITEM 13A | INTRODUCTION

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ITEM 13A | INTRODUCTION

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