In re: Amendment to Florida Rule of Appellate Procedure 9.140
The Florida Supreme Court amended Rule of Appellate Procedure 9.140(b)(2)(A)(ii) to expressly add 'an error in the sentencing process, if preserved' as a category of appeal a defendant may take after a guilty or nolo contendere plea, alongside the existing 'sentencing error' category. The amendment responds to the First DCA's decision in Emerson v. State, which flagged uncertainty about whether the existing rule text covered sentencing-process errors. The amendment takes effect June 1, 2026, with a 75-day comment period.
Key facts
- The Florida Supreme Court amended Rule of Appellate Procedure 9.140(b)(2)(A)(ii) to expressly add 'an error in the sentencing process, if preserved' as an appealable category for defendants who enter guilty or nolo contendere pleas.
- The amendment was prompted by the First District Court of Appeal's decision in Emerson v. State, which identified uncertainty about whether the prior rule text covered sentencing-process errors distinct from sentencing errors.
- +2 more key facts with a free trial
Why it matters
This rule change directly expands and clarifies the scope of appealable issues following a guilty or nolo contendere plea, distinguishing 'sentencing errors' from broader 'errors in the sentencing process.' Criminal… — full analysis with a trial
🔒 Read the full opinion, holding & search the library
The full opinion PDF, the rules the court applied, our significance analysis, the background facts, and full-text search across every tracked Florida decision are available to members. Start a free 30-day trial — no credit card.
Not ready to sign up? Get the free Friday digest — the week's key Florida decisions by email, no login required.
Florida Court Tracker provides summaries of publicly available court opinions for informational and research purposes only. This is not legal advice and does not create an attorney–client relationship. Always verify holdings against the official opinion.