|
3.810. Commitment of Defendant; Duty of Sheriff
On pronouncement of a sentence imposing a penalty
other than a fine only or death, the court shall, unless
the execution of the sentence is suspended or stayed,
and, in such case, on termination
of the suspension or
stay, forthwith commit the defendant to the custody
of the sheriff under a commitment to which shall be
attached a certified copy of the sentence and, unless
both are contained in the same instrument if the sentence
is imprisonment
in the state prison, a certified
copy of the judgment of conviction and a certified
copy of the indictment or information, and the sheriff
shall thereupon, within a reasonable time, if the sheriff
is not the proper official to execute the sentence, transfer
the defendant,
together with the commitment
and
attached certified copies, to the custody of the official
whose duty it is to execute the sentence and shall take
from that person a receipt for the defendant and make
a return thereof to the court.
Committee Notes
1968 Adoption. Substantially the same as section 922.01, Florida
Statutes. There has been added to the rule the requirement that,
if the commitment is to the state prison, it shall be accompanied by
a certified copy of the judgment of conviction
and a certified copy
of the indictment or information. (Section 944.18, Florida Statutes,
requires a certified copy of the indictment or information to be
transmitted to the Division of Corrections; the Division of Corrections
should also have a certified copy of the judgment.)
1972 Amendment. Same as prior rule.
|