Fla. R. Crim. P. 3.9876

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#