Florida Rule of Criminal Procedure 3.996
RULE 3.996. APPLICATION FOR SENTENCE REVIEW
HEARING APPLICATION FOR SENTENCE REVIEW HEARING UNDER FLORIDA RULE OF CRIMINAL PROCEDURE 3.802
INSTRUCTIONS FOR FILING APPLICATION FOR SENTENCE REVIEW HEARING
PURSUANT TO FLORIDA RULE OF CRIMINAL PROCEDURE 3.802. READ CAREFULLY 1. You may file this application at any point after you are statutorily eligible, pursuant to section 921.1402, Florida Statutes. 2. You must complete the attached application by filling in the blank spaces. 3. You must tell the truth and sign the attached application. If you make a false statement of a material fact in your application, you may be prosecuted for perjury. 4. You must file the attached application in the court of original jurisdiction, which imposed the sentence to be reviewed. 5. You are not required to pay a filing fee to file the attached application. 6. A second or successive application shall be denied without a hearing unless the initial application was denied as premature, or pursuant to section 921.1402(2)(d), Florida Statutes, the initial application was submitted by a juvenile offender sentenced to a term of 20 years or more under section 775.082(3)(c), Florida Statutes, and more than 10 years has elapsed since the initial sentence review hearing. In the Circuit Court of the Judicial Circuit in and for County, Florida
State of Florida ) ) v. ) ) ) (your name) ) ) )
APPLICATION FOR SENTENCE REVIEW HEARING 1. .....(print your name)....., hereinafter “juvenile offender,” respectfully moves this Honorable Court to hold a sentence review hearing pursuant to Florida Rule of Criminal Procedure 3.802 and section 921.1402, Florida Statutes. In support of the application, the juvenile offender states the following: 2. Juvenile offender has attached a copy of the written judgment and sentence to this application or filled out the following: On .....(date of sentencing/resentencing)....., juvenile offender was sentenced to .....(number of years)..... in prison with a sentence review hearing after .....(number of years)...... 3. Juvenile offender is entitled to a sentence review hearing because it has been .....(number of years)..... since juvenile offender was incarcerated for the convictions that are the subject of this application. 4. Has a previous application been filed? a. If yes, what was the date the previous application was filed? b. What was the disposition of the previous application?
5. Juvenile offender is indigent and will be seeking the appointment of counsel for the sentence review hearing as authorized by section 921.1402(5), Florida Statutes; (only if applicable); 6. Under penalties of perjury and administrative sanctions from the Department of Corrections, including forfeiture of gain time if this application is found to be frivolous or made in bad faith, I certify that I understand the contents of the foregoing application, that the facts contained in the application are true and correct, and that I have a reasonable belief that the application is timely filed. /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 application was necessary.) I certify that a complete and accurate translation of this application was provided to the juvenile offender in this case on .....(date)...... /s/ Name Address DC#
