Rule 3.850 is a part of the Florida legal structure that provides grounds for appeals to sentences and judgments. It was originally created in 1999 and is a motion to set aside, to vacate, or to correct a sentence. It is a post-conviction release.

To apply this appeal, a claimant, defendant, or a defense attorney on their behalf,  must have adequate grounds. Under Rule 3.850, the grounds for an appeal are fairly limited. The grounds for Rule 3.850 Appeals are:

  • The judgment entered or the sentence imposed was in violation of the United States Constitution, the laws of the United States, or the laws for the State of Florida.
  • The court did not have the jurisdiction to hear the case and enter a judgment.
  • The court did not have the jurisdiction to impose the sentence.
  • The sentence given by the court exceeded the maximum allowed by law.
  • The plea entered was involuntary.
  • The judgment or sentence is subject to a collateral attack.

Time Limits For Appealing

In addition to these grounds which are fairly narrow, the defendant must enter their claim within the time allotted. If the defendant is arguing that the sentence that was imposed exceeds the limits provided by law may file their claim at any time. In non-capital cases, the Rule 3.850 Appeal must be filed within 2 years of the judgment. In capital cases, the defendant must be filed within 1 year, if the death sentence has been imposed unless the appeal is claiming one of the following:

  • The facts on which the claim is predicated were unknown to the defendant or the defendant’s lawyer and could not have been known by the exercise of due diligence.
  • The fundamental constitutional right asserted by the claim was not established provided and has been determined to apply retroactively.
  • The defendant retained counsel to file a 3.850 motion in a timely manner but counsel, via neglect, failed to file the motion.

Benefit of An Attorney

If you or someone you know has grounds for a Rule 3.850 Appeal, it is imperative to act in a timely manner as there is a time frame in which many of these claims must be filed. Contact a Clearwater of Tragos, Sartes & Tragos, PLLC to discuss your case and to establish whether or not you have adequate grounds for a Rule 3.850 Appeal.

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