In Re Amendments to Florida Rule of Criminal Procedure 3.851

Upon its own motion, the Court amends Florida Rule of Criminal Procedure 3.851 and Florida Rule of Appellate Procedure 9.142. 1 In doing so, we clarify that, as is the case with rule 3.850, belated appeals may under specifically narrow circumstances be sought from the denial of rule 3.851relief.

The counterpart to rule 3.851, rule 3.850, provides for postconviction relief in non-capital cases and, under subdivision (g), authorizes seeking belated appeals from the denial of rule 3.850 motions. To reflect a comparable procedure to seek a belated appeal in capital cases, we amend rule 3.851 to…