It was felt to be more appropriately addressed in this
Rules of Criminal Procedure
Rule: 3.740
Jurisdiction: FL
Bluebook Citation: Fla. R. Crim. P. 3.740
sequence. The former rule 3.214 is now renumbered 3.215. The former rule 3.740 used the inappropriate phrase “(p)rocedures when insanity is alleged as cause for not pronouncing sentence.” Insanity is an affirmative defense to a criminal charge. The more correct term is “incompetence to proceed to sentencing.” (a) This new provision reiterates amendments to rule 3.210 and provides that sentencing shall be postponed for a defendant incompetent to proceed with disposition of a criminal matter—to include a finding of guilt at trial, after entry of a voluntary plea, or after a violation of probation or community control proceeding. Florida Rules of Criminal Procedure January 1, 2026 169 Introductory Note Relating to Amendments to Rules 3.210 to 3.219. See notes following rule 3.210 for the text of this note.
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