Law Offices of JULIANNE M. HOLT Public Defender

Transcription

1 Law Offices of JULIANNE M. HOLT Public Defender TEL:(813) FAX:(813) Thirteenth Judicial Circuit of Florida 700 East Twiggs Street, Fifth Floor P.O. Box Tampa, Florida RE: Motion to Modify or Reduce Sentence A motion to modify or reduce your sentence is related to your criminal case, but we cannot represent you for this motion unless the judge appoints us to do so. Please find enclosed a sample format to be used in a Pro Se "Motion to Modify or Reduce Sentence" along with other information regarding your case and Circuit Court divisions. You will need to fill in all of the information in the spaces provided, including: your name, case number, and the division in which your case was heard. Where indicated, circle the parts that apply to you and fill in the blank spaces. Instructions on how to complete your motion, order, and notice of hearing are attached. It is important that you provide to the court all information about conditions you have completed and reasons why you believe your sentence should be modified or reduced. Be sure to keep copies of all of the documents. Sincerely, JULIANNE M. HOLT PUBLIC DEFENDER Legal representation and public service with dignity and respect Telephone (813) $ Suncom $ Address pd13@pd13.state.fl.us

2 INSTRUCTIONS You will need to complete all of the attached forms as follows: 1. Please fill in your name, case number, and division on all of the attached documents: $ Pro Se Motion to Modify or Reduce Sentence $ Order to Modify or Reduce Sentence $ Notice of Hearing 2. Fill in and complete the blanks in the Motion, Order and Notice of Hearing. Words in bold and separated by a slash ( / ) signal a choice. You must circle one of the options. For example, if your case was a felony case, it was heard in Circuit Court. Circle the word ACIRCUIT@ in the heading of the MOTION, NOTICE OF HEARING, AND ORDER. 3. You must sign the Motion and the Notice (do not sign the Order). 4. Once the documents are completed, you must: A) File the ORIGINAL Motion, Order and Notice of Hearing with the Clerk s office. Mail the original Motion and Order to Circuit Criminal, Clerk of Courts Division K, Room 214, PO Box 1110, Tampa, FL B) Send a COPY of the Motion and Order to the State Attorney s Office, 3 rd floor E. Kennedy Blvd, Tampa, FL Include the name of the State Attorney in your case. C) Send a COPY of the Motion and Order to the judge who sentenced you, C/O Edgecomb County Court House, 800 E. Kennedy Blvd, Tampa, FL Include in this letter your need of a court date. Please put the court room number if known. 5. Be sure to keep copies of all documents for your records. Legal representation and public service with dignity and respect Telephone (813) $ Suncom $ Address pd13@pd13.state.fl.us

3 IN THE CIRCUIT COURT OF THE IN AND FOR HILLSBOROUGH COUNTY, FLORIDA DEFENDANT S PRO SE MOTION TO MODIFY OR REDUCE SENTENCE COMES NOW the Defendant, pro se, and respectfully moves this Honorable Court to Modify or Reduce HIS /HER sentence, pursuant to Fla.R.Crim.P (c), and as grounds therefore states: 1. Defendant was in court on a violation of probation / community control on and was found to be in violation. 2. The Defendant s probation / community control was revoked and Defendant was sentenced to. 3. The Defendant requests his / her sentence be modified or reduced for the following reasons: WHEREFORE, the Defendant respectfully requests this Honorable Court to modify his / her sentence. I HEREBY CERTIFY that a true and copy of the foregoing motion has been furnished to MARK OBER, State Attorney, Office of the State Attorney, 800 East Kennedy Boulevard, Tampa, Florida 33602, this day of. 20. Respectfully submitted, DEFENDANT, PRO SE

4 IN THE CIRCUIT COURT OF THE IN AND FOR HILLSBOROUGH COUNTY, ORDER ON DEFENDANT S PRO SE MOTION TO MODIFY OR REDUCE SENTENCE THIS CAUSE having been heard by the Court upon the Defendant's Motion to Modify or Reduce Sentence, and the Court after hearing argument of counsel, and being otherwise fully advised in the premises therein, it is hereby: ORDERED AND ADJUDGED that the Defendant's Motion to Modify or Reduce Sentence is hereby GRANTED/DENIED. DONE AND ORDERED at Tampa, Hillsborough County, Florida on this day of, 20. Copies furnished to: Defendant, Pro Se Office of the State Attorney CIRCUIT COURT JUDGE HILLSBOROUGH COUNTY, FLORIDA

5 IN THE CIRCUIT COURT OF THE IN AND FOR HILLSBOROUGH COUNTY, NOTICE OF HEARING TO: HONORABLE MARK A. OBER OFFICE OF THE STATE ATTORNEY YOU ARE HEREBY NOTIFIED that the undersigned will call up the motion listed below for hearing and argument before the Honorable Judge, in the Hillsborough County Courthouse, on the day of, 20, at a.m./p.m. or as soon thereafter as counsel may be heard. DEFENDANT S PRO SE MOTION TO MODIFY OR REDUCE SENTENCE DATED at Tampa, Hillsborough County, Florida on this day of, 20. Respectfully submitted, DEFENDANT, PRO SE