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In re Florida Rules of Criminal Procedure

In re Fla. Rules of Criminal Procedure, 403 So. 2d 979 (Fla. 1981)
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Court
Supreme Court of Florida · State Highest Courts
Decided
September 24, 1981
Docket
No. 58988-A
Judges
Per Curiam
Citations
403 So. 2d 9791981 Fla. LEXIS 2854
Cited by 27

Opinion — Per Curiam

403 So.2d 979 (1981)

In re FLORIDA RULES OF CRIMINAL PROCEDURE.

No. 58988-A.

Supreme Court of Florida.

September 24, 1981.

Stan R. Morris, Chairman, Gainesville, for The Criminal Procedure Rules Committee, petitioner.

PER CURIAM.

Pursuant to our June 5 order, In re Standard Jury Instructions in Criminal Cases, No. 58,799 (Fla. 1981), the newly adopted schedule of lesser included offenses will become effective on October 1, 1981. At the Court's request, the Supreme Court Committee on Standard Jury Instructions in Criminal Cases and the Florida Bar Criminal Rules Committee have proposed new Rules of Criminal Procedure 3.490 and 3.510 which are consistent with the new schedule. We approve and adopt the proposed rules as follows:

Rule 3.490. Determination of Degree of Offense

If the indictment or information charges an offense divided into degrees, the jury may find the defendant guilty of the offense charged or any lesser degree supported by the evidence. The judge shall not instruct on any degree as to which there is no evidence.

Rule 3.510. Determination of Attempts and Lesser Included Offenses

Upon an indictment or information upon which the defendant is to be tried for any offense the jury may convict the defendant of:

(a) an attempt to commit such offense if such attempt is an offense and is supported by the evidence. The judge shall not instruct the jury if there is no evidence to support such attempt and the only evidence proves a completed offense.

(b) any offense which as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence.

They shall become effective on October 1, 1981.

It is so ordered.

ADKINS, OVERTON, ALDERMAN and McDONALD, JJ., concur.

SUNDBERG, C.J., and BOYD, J., dissent.

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No later court has written an explanatory parenthetical about this case yet.

Cited by 27 cases

View all citing references →
1982: 31983: 71984: 51985: 21986: 21987: 11988: 11990: 11995: 11996: 11997: 22006: 119822026peak 1983 · 7

Relies on it most ⓘ

  1. Gillespie v. State440 So. 2d 8 (Fla. Dist. Ct. App. 1983)
  2. Jones v. State492 So. 2d 1124 (Fla. Dist. Ct. App. 1986)
  3. Aubrey Dennis Adams v. Louie L. Wainwright, and Jim Smith764 F.2d 1356 (11th Cir. 1985)
  4. Harris v. State438 So. 2d 787 (Fla. 1983)
  5. Tucker v. State459 So. 2d 306 (Fla. 1984)
  6. State v. Bruns429 So. 2d 307 (Fla. 1983)

Most recent

  1. Richardson v. State922 So. 2d 331 (Fla. Dist. Ct. App. 2006)
  2. IT v. State694 So. 2d 720 (Fla. 1997)
  3. I.T. v. State694 So. 2d 720 (Fla. 1997)
  4. Jones v. State666 So. 2d 960 (Fla. Dist. Ct. App. 1996)
  5. Nurse v. State658 So. 2d 1074 (Fla. Dist. Ct. App. 1995)
  6. Davis v. State560 So. 2d 1231 (Fla. Dist. Ct. App. 1990)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 0

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