Amendment to Florida Rule of Criminal Procedure 3.850

In Wood v. State, 750 So.2d 592, 595-97 (Fla.1999), this Court adopted an amendment to Florida Rule of Criminal Procedure 3.850, deleting the “in custody” requirement of the former rule. We also asked the Criminal Procedure Rules Committee of The Florida Bar to consider the amendment and invited interested parties to submit comments on the amendment. The Committee and an assistant state attorney filed comments. .First, an assistant state attorney submitted a comment stating:

It would be my suggestion that the term “convicted” and “sentenced” in newly amended Rule 3.850(a) be defined to reflect…