What is a Rule 3.800 motion to reduce sentence ? Appellate Attorney Jaime Halscott Explains

What is a motion to reduce sentence pursuant to Rule 3.800?
Florida Rule of Criminal Procedure 3.800 provides several ways to challenge a sentence, but one of the most helpful is a motion to reduce sentence. Specifically, Rule 3.800(c) asks the trial court to reconsider the sentence of a defendant. The Rule 3.800(c) motion is discretionary, meaning that the trial court is not required to fully consider the motion.

A typical Rule 3.800(c) motion to reduce of modify sentence can raise several different points such as:

• The possible sentencing range
• The nature of the charges
• The relative severity of the sentence
• The effect the sentence will have on the defendant’s family
• The cost of incarceration

Because a Rule 3.800 motion to reduce sentence is discretionary it is not appealable. Think of the Rule 3.800(c) motion as a defendant’s “second bite at the apple” from which they hope to get relief.

When must a motion to reduce or modify a sentence be filed?

A 3.800(c) motion has a very short timeline within which it can be filed. The 3.800(c) motion must be filed within 60 days of sentencing. This 60-day timeline isn’t the whole story though. Filing a notice of appeal divests, or eliminates, the authority of the trial court to act in the case. A defendant seeking to appeal their case may end up waiting until after their appeal has completed to actually have a motion to reduce sentence heard. Accordingly, within 60 days of the mandate of the appellate court being issued, a defendant can also file a Rule 3.800 motion to reduce sentence.
The time for a court to rule on motion to reduce sentence is limited to 90 days in Florida. However, upon agreement of the parties or the trial court itself, that timeline can be extended. It is also important to note that Rule 3.800(c) is not applicable to cases where the death penalty has been imposed or where the trial court judge has imposed a minimum mandatory sentence, or otherwise has no sentencing discretion.

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