Florida Rule 3.050 Could Be Applied to Rule 3.800
In Abreu v. State, 660 So. 2d 703 (Fla. 1995), the Court approved the decision in Smith v. State, 471 So. 2d 1347 (Fla. 2d DCA 1985).
In agreeing with the approach of the First and Second Districts, the Court specifically stated that "the Florida Rules of Criminal Procedure are designed to promote justice and equity while also allowing for the efficient operation of the judicial system." Abreu, 660 So. 2d at 704.
The Court determined that rule 3.050 could be applied to rule 3.800, "providing the matter is resolved within a reasonable time." Id. at 705.
After reviewing the facts of Abreu, this Court held that the judge in Abreu clearly believed it was in the interest of justice to consider the record more carefully, used due diligence in conducting the mitigation proceedings, and entered an order within a reasonable time. Id.
Accordingly, the Court quashed the Third District's decision and reinstated the trial judge's resentencing order. Id.