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3.670. Rendition of Judgment
If the defendant is found guilty, a judgment of guilty
and, if the defendant has been acquitted, a judgment of
not guilty shall be rendered in open court and in writing,
signed by the judge, filed, and recorded. However, where
allowed by law, the judge may withhold an adjudication
of guilt if the judge places the defendant
on probation.
When a judge renders a final judgment of conviction,
withholds adjudication of guilt after a verdict of guilty,
imposes a sentence, grants probation, or revokes probation,
the judge shall forthwith inform the defendant
concerning the rights of appeal therefrom, including
the time allowed by law for taking an appeal. Within
15 days after the signed written judgment and sentence
is filed with the clerk of court, the clerk of the court
shall serve on counsel for the defendant and counsel
for the state a copy of the judgment of conviction and
sentence entered, noting thereon the date of service by
a certificate of service. If it is the practice of the trial
court or the clerk of court to hand deliver copies of
the judgment and sentence at the time of sentencing
and copies are in fact hand delivered at that time, hand
delivery shall be noted in the court file, but no further
service shall be required and the certificate of service
need not be included on the hand-delivered copy.
Committee Notes
1968 Adoption. To the same effect as section 921.02, Florida
Statutes, except the portion reading “in writing, signed by the
judge” which was added. Last sentence was added to permit the
judge to operate under section 948.01(3), Florida Statutes.
The Florida law forming the basis of this proposal is found in
article V, sections 4 and 5, Constitution of Florida, concerning
the right of appeal from a judgment of conviction; section 924.06,
Florida Statutes, specifying when a defendant may take an appeal;
section 924.09, Florida Statutes, and Florida Criminal Appellate
Rule 6.2 concerning the time for taking appeals by a defendant in
criminal cases; and section 948.011, Florida Statutes, providing for
a sentence of a fine and probation as to imprisonment.
The purpose of the proposed rule is to provide assurance that
a defendant, represented or unrepresented by counsel, will have
authoritative and timely notice of the right to appeal.
1972 Amendment. Same as prior rule [but some terminology
has been changed].
2005 Amendment. Amended to conform with section 775.08435,
Florida Statutes (2004), effective July 1, 2004 (ch. 2004-60, Laws
of Fla.).
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