Florida Rules of Criminal Procedure
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3.711. Presentence Report: When Prepared
(a) Except as provided in subdivision (b), the sentencing
court shall not authorize the commencement
of the presentence investigation until there has been a
finding of guilt.
(b) The sentencing court may authorize the commencement
of the presentence investigation prior to
finding of guilt if:
(1) the defendant has consented to such action;
and
(2) nothing disclosed by the presentence investigation
comes to the attention of the prosecution,
the court,
or the jury prior to an adjudication
of guilt. Upon motion
of the defense and prosecution, the court may examine
the presentence
investigation prior to the entry of a plea.
Committee Notes
1972 Adoption. The rule permits presentence investigations to
be initiated prior to finding of guilt. Its purpose is to reduce unwarranted
jail time by a defendant who expects to plead guilty and
who may well merit probation or commitment to facilities other
than prison.
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