When the cause alleged for not pronouncing sentence is that the defendant has been pardoned for the offense for which the defendant is about to be sentenced, the court, if necessary, shall postpone the pronouncement of sentence for the purpose of hearing evidence on the allegation. If the court decides that the allegation is true, it shall discharge the defendant from custody unless the defendant is in custody on some other charge. If, however, it decides that the allegation is not true, it shall proceed to pronounce sentence.
RULE 3.750. PROCEDURE WHEN PARDON IS ALLEGED AS CAUSE FOR NOT PRONOUNCING SENTENCE
- This rule applies if a defendant claims at sentencing that they have been pardoned for the crime.
- The court can postpone sentencing to hold a hearing and receive evidence on the pardon claim.
- If the court finds the pardon is valid, the defendant must be discharged.
- If the court finds the pardon claim is not true, the court shall proceed with imposing the sentence.
1968 Adoption. A revamped version of section 921.10, Florida Statutes.
1972 Amendment. Same as prior rule.