Florida Criminal Procedure

TABLE OF CONTENTS
I. SCOPE, PURPOSE, AND CONSTRUCTION
3.010. SCOPE
3.020. PURPOSE AND CONSTRUCTION
3.025. STATE AND PROSECUTING ATTORNEY DEFINED
II. GENERAL PROVISIONS
3.030. SERVICE OF PLEADINGS AND PAPERS
3.040. COMPUTATION OF TIME
3.050. ENLARGEMENT OF TIME
3.060. TIME FOR SERVICE OF MOTIONS AND NOTICE OF HEARING
3.070. ADDITIONAL TIME AFTER SERVICE BY MAIL
3.080. NONVERIFICATION OF PLEADINGS
3.090. PLEADING CAPTIONS
3.111. PROVIDING COUNSEL TO INDIGENTS
3.112. MINIMUM STANDARDS FOR ATTORNEYS IN CAPITAL CASES
3.115. DUTIES OF STATE ATTORNEY; CRIMINAL INTAKE
III. PRELIMINARY PROCEEDINGS
3.120. COMMITTING JUDGE
3.121. ARREST WARRANT
3.125. NOTICE TO APPEAR
3.130. FIRST APPEARANCE
3.131. PRETRIAL RELEASE
3.132. PRETRIAL DETENTION
3.133. PRETRIAL PROBABLE CAUSE DETERMINATIONS AND ADVERSARY
PRELIMINARY HEARINGS
3.134. TIME FOR FILING FORMAL CHARGES
3.140. INDICTMENTS; INFORMATIONS
3.150. JOINDER OF OFFENSES AND DEFENDANTS
3.151. CONSOLIDATION OF RELATED OFFENSES
3.152. SEVERANCE OF OFFENSES AND DEFENDANTS
3.153. TIMELINESS OF DEFENDANT’S MOTION; WAIVER
IV. ARRAIGNMENT AND PLEAS
3.160. ARRAIGNMENT
3.170. PLEAS
3.171. PLEA DISCUSSIONS AND AGREEMENTS
3.172. ACCEPTANCE OF GUILTY OR NOLO CONTENDERE PLEA
3.180. PRESENCE OF DEFENDANT
V. PRETRIAL MOTIONS AND DEFENSES
3.190. PRETRIAL MOTIONS
3.191. SPEEDY TRIAL
3.200. NOTICE OF ALIBI
3.201. [BATTERED-SPOUSE SYNDROME DEFENSE]
3.202. EXPERT TESTIMONY OF MENTAL MITIGATION DURING PENALTY PHASE OF CAPITAL
TRIAL: NOTICE AND EXAMINATION BY STATE EXPERT
3.203. DEFENDANT’S MENTAL RETARDATION AS A BAR TO IMPOSITION OF THE DEATH
PENALTY
3.210. INCOMPETENCE TO PROCEED: PROCEDURE FOR RAISING THE ISSUE
3.211. COMPETENCE TO PROCEED: SCOPE OF EXAMINATION AND REPORT
3.212. COMPETENCE TO PROCEED: HEARING AND DISPOSITION
3.213. CONTINUING INCOMPETENCY TO PROCEED, EXCEPT INCOMPETENCY TO PROCEED
WITH SENTENCING: DISPOSITION
3.214. INCOMPETENCY TO PROCEED TO SENTENCING: DISPOSITION
3.215. EFFECT OF ADJUDICATION OF INCOMPETENCY TO PROCEED:
PSYCHOTROPIC MEDICATION
3.216. INSANITY AT TIME OF OFFENSE OR PROBATION OR COMMUNITY CONTROL
VIOLATION: NOTICE AND APPOINTMENT OF EXPERTS
3.217. JUDGMENT OF NOT GUILTY BY REASON OF INSANITY: DISPOSITION OF DEFENDANT
3.218. COMMITMENT OF A DEFENDANT FOUND NOT GUILTY BY REASON OF INSANITY
3.219. CONDITIONAL RELEASE
VI. DISCOVERY
3.220. DISCOVERY
VII. DISQUALIFICATION AND
SUBSTITUTION OF JUDGE
3.231. SUBSTITUTION OF JUDGE
VIII. CHANGE OF VENUE
3.240. CHANGE OF VENUE
IX. THE TRIAL
3.250. ACCUSED AS WITNESS
3.251. RIGHT TO TRIAL BY JURY
3.260. WAIVER OF JURY TRIAL
3.270. NUMBER OF JURORS
3.280. ALTERNATE JURORS
3.281. LIST OF PROSPECTIVE JURORS
3.290. CHALLENGE TO PANEL
3.300. VOIR DIRE EXAMINATION, OATH, AND EXCUSING OF MEMBER
3.310. TIME FOR CHALLENGE
3.315. EXERCISE OF CHALLENGES
3.320. MANNER OF CHALLENGE
3.330. DETERMINATION OF CHALLENGE FOR CAUSE
3.340. EFFECT OF SUSTAINING CHALLENGE
3.350. PEREMPTORY CHALLENGES
3.360. OATH OF TRIAL JURORS
3.361. WITNESS ATTENDANCE AND SUBPOENAS
X. CONDUCT OF TRIAL; JURY INSTRUCTIONS
3.370. REGULATION AND SEPARATION OF JURORS
3.371 JUROR QUESTIONS OF WITNESSES
3.372 JUROR NOTEBOOKS
3.380. MOTION FOR JUDGMENT OF ACQUITTAL
3.381. FINAL ARGUMENTS
3.390. JURY INSTRUCTIONS
3.391. SELECTION OF FOREPERSON OF JURY
3.400. MATERIALS TO THE JURY ROOM
3.410. JURY REQUEST TO REVIEW EVIDENCE OR FOR ADDITIONAL INSTRUCTIONS
3.420. RECALL OF JURY FOR ADDITIONAL INSTRUCTIONS
3.430. JURY NOT RECALLABLE TO HEAR ADDITIONAL EVIDENCE
XI. THE VERDICT
3.440. RENDITION OF VERDICT; RECEPTION AND RECORDING
3.450. POLLING THE JURY
3.451. JUDICIAL COMMENT ON VERDICT
3.470. PROCEEDINGS ON SEALED VERDICT
3.490. DETERMINATION OF DEGREE OF OFFENSE
3.500. VERDICT OF GUILTY WHERE MORE THAN ONE COUNT
3.505. INCONSISTENT VERDICTS
3.510. DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES
3.520. VERDICT IN CASE OF JOINT DEFENDANTS
3.530. RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT
3.540. WHEN VERDICT MAY BE RENDERED
3.550. DISPOSITION OF DEFENDANT
3.560. DISCHARGE OF JURORS
3.570. IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT
3.575. MOTION TO INTERVIEW JUROR
XII. POST-TRIAL MOTIONS
3.580. COURT MAY GRANT NEW TRIAL
3.590. TIME FOR AND METHOD OF MAKING MOTIONS; PROCEDURE;
CUSTODY PENDING HEARING
3.600. GROUNDS FOR NEW TRIAL
3.610. MOTION FOR ARREST OF JUDGMENT; GROUNDS
3.620. WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE
3.630. SENTENCE BEFORE OR AFTER MOTION FILED
3.640. EFFECT OF GRANTING NEW TRIAL
XIII. JUDGMENT
3.650. JUDGMENT DEFINED
3.670. RENDITION OF JUDGMENT
3.680. JUDGMENT ON INFORMAL VERDICT
3.690. JUDGMENT OF NOT GUILTY; DEFENDANT DISCHARGED AND SURETIES EXONERATED
3.691. POST-TRIAL RELEASE
3.692. PETITION TO SEAL OR EXPUNGE
XIV. SENTENCE
3.700. SENTENCE DEFINED; PRONOUNCEMENT AND ENTRY; SENTENCING JUDGE
3.701. SENTENCING GUIDELINES
3.702. SENTENCING GUIDELINES (1994)
3.703. SENTENCING GUIDELINES (1994 as amended)
3.704. THE CRIMINAL PUNISHMENT CODE
3.710. PRESENTENCE REPORT
3.711. PRESENTENCE REPORT: WHEN PREPARED
3.712. PRESENTENCE REPORT: DISCLOSURE
3.713. PRESENTENCE INVESTIGATION DISCLOSURE: PARTIES
3.720. SENTENCING HEARING
3.721. RECORD OF THE PROCEEDINGS
3.730. ISSUANCE OF CAPIAS WHEN NECESSARY TO BRING DEFENDANT BEFORE COURT
3.750. PROCEDURE WHEN PARDON IS ALLEGED AS CAUSE FOR NOT
PRONOUNCING SENTENCE
3.760. PROCEDURE WHEN NONIDENTITY IS ALLEGED AS CAUSE FOR NOT
PRONOUNCING SENTENCE
3.770. PROCEDURE WHEN PREGNANCY IS ALLEGED AS CAUSE FOR NOT
PRONOUNCING DEATH SENTENCE
3.780. SENTENCING HEARING FOR CAPITAL CASES
3.790. PROBATION AND COMMUNITY CONTROL
3.800. CORRECTION, REDUCTION, AND MODIFICATION OF SENTENCES
XV. EXECUTION OF SENTENCE
3.810. COMMITMENT OF DEFENDANT; DUTY OF SHERIFF
3.811. INSANITY AT TIME OF EXECUTION: CAPITAL CASES
3.812. HEARING ON INSANITY AT TIME OF EXECUTION: CAPITAL CASES
3.820. HABEAS CORPUS
XVI. CRIMINAL CONTEMPT
3.830. DIRECT CRIMINAL CONTEMPT
3.840. INDIRECT CRIMINAL CONTEMPT
XVII. POSTCONVICTION RELIEF
3.850. MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE
3.851. COLLATERAL RELIEF AFTER DEATH SENTENCE HAS BEEN IMPOSED AND AFFIRMED
ON DIRECT APPEAL
3.852 CAPITAL POSTCONVICTION PUBLIC RECORDS PRODUCTION
3.853 MOTION FOR POSTCONVICTION DNA TESTING
XVIII. FORMS
3.984. APPLICATION FOR CRIMINAL INDIGENT STATUS
3.985. STANDARD JURY INSTRUCTIONS
3.9855 JUROR VOIR DIRE QUESTIONAIRE
3.986. FORMS RELATED TO JUDGMENT AND SENTENCE
3.987. MOTION FOR POSTCONVICTION RELIEF
3.988. SENTENCING GUIDELINES
3.989. AFFIDAVIT, PETITION, AND ORDER TO EXPUNGE OR SEAL FORMS
3.990(a). SENTENCING GUIDELINES SCORESHEET
3.990(b). SUPPLEMENTAL SENTENCING GUIDELINES SCORESHEET
3.991(a). SENTENCING GUIDELINES SCORESHEET (OCTOBER 1, 1995)
3.991(b). SUPPLEMENTAL SENTENCING GUIDELINES SCORESHEET (OCTOBER 1, 1995)
3.992(a). CRIMINAL PUNISHMENT CODE SCORESHEET
3.992(b). SUPPLEMENTAL CRIMINAL PUNISHMENT CODE SCORESHEET
3.993. FORMS RELATED TO CAPITAL POSTCONVICTION RECORDS PRODUCTION
3.994. ORDER CERTIFYING NO INCARCERATION
3.995. ORDER OF REVOCATION OF PROBATION/COMMUNITY CO

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