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Filing motion under 3.850 for violating 3.840

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New member
What is the name of your state? Florida
The trial court found me guilty of indirect criminal contempt and sentenced. However, the court made following errors related to 3.840(a), (f), and (g):

(1). I was not given any show cause order. This is violation of Rule 3.840. In fact, in Bank of NY 79 So.3d 164 (Fla. 2nd DCA 2012), the court stated “Under rule 3.840, the court must issue an order to show cause delineating the essential facts of the charged criminal contempt and directing the defendant to appear before the court”

(2). once the arguments are concluded, the judge, without announcing any verdict or sentence, asked both parties to email the proposed orders within 10 days and then adjourned the hearing. Judge never said that there will be no more hearing. After that, both parties submitted the proposed orders. Then the judge simply signed the proposed order submitted by other party and this order contains both the verdict and sentence. This is violation of Rule 3.840(f) which says “At the conclusion of the hearing the judge shall sign and enter of record a judgment of guilty or not guilty.”

(3). The judge did not inform me of the accusation and judgment against me and inquire as to whether I have any cause to show why sentence should not be pronounced. Also the sentence was not announced in open court or in my presence. Therefore 3.840(g) was violated because 3.840(g) says: “Prior to the pronouncement of sentence, the judge shall inform the defendant of the accusation and judgment against the defendant and inquire as to whether the defendant has any cause to show why sentence should not be pronounced. The defendant shall be afforded the opportunity to present evidence of mitigating circumstances. The sentence shall be pronounced in open court and in the presence of the defendant.”

I want to file a motion raising the above 3 items under Rule 3.850 “MOTION TO VACATE, SET ASIDE, OR CORRECT SENTENCE”.

However, Rule 3.850(c) states: “This rule does not authorize relief based on grounds that could have or should have been raised at trial and, if properly preserved, on direct appeal of the judgment and sentence.”

I wanted to raise the violation of 3.840(a), (f), and (g) during the hearing but I thought that the judge will continue the trial or hearing after the proposed orders are filed but, as explained above, the judge did not conduct any trial or hearing once the proposed orders were filed. If I raise the violation of 3.840(a), (f), and (g) now, under Rule 3.850. then what are my chances of success? Please advice.

Get an attorney.
If you go into the courtroom and point out to the judge all the errors he's made and all the rules he's broken it will not be well received, trust me.


New member
Thank you. I will try to get as I have financial issues now. The judge is changed and a new judge is assigned due to court's routine procedure. Because there are many knowledgeable persons in law are available in this forum, I just wish to know some feedback on my question.

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