In re Standard Jury Instructions in Criminal Cases—Report 2019-11

• Decision Date: 27 February 2020
• Docket Number: No. SC19-1806,SC19-1806
• Citation: 290 So.3d 864 (Mem)
• Parties: IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-11.
• Court: Florida Supreme Court

290 So.3d 864 (Mem)

IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2019-11.

No. SC19-1806

Supreme Court of Florida.

February 27, 2020

Judge F. Rand Wallis, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Daytona Beach, Florida; and Bart Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, Florida, for Petitioner

PER CURIAM.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases(Committee) has submitted proposed changes to the standard jury instructions and asks that the Court authorize the amended standard instructions for publication and use.We have jurisdiction.Seeart. V, § 2(a), Fla. Const.

The Committee proposes amending instructions 3.12 (Verdict), 8.26 (Sexual Cyberharassment), 11.21 (Transmission of Material Harmful to Minors by Electronic Device or Equipment), and 27.1 ( [Attempted] Escape).The Committee published the proposals in The Florida Bar News .One comment was received, from the Florida Public Defender Association(FPDA), pertaining to three of the four above-listed instructions.¹The Court did not publish the proposals.

Having considered the Committee's report and the FPDA's comment, we authorize the Committee's proposals to the instructions herein at issue for publication and use.Some of the more significant changes to the instructions are discussed below.

Instruction 3.12 is amended to remove the reference to "information" and "indictment" while retaining language that the jury may find the defendant guilty as charged or of a lesser-included crime.In addition, the instruction is amended to provide that if the case involves one or more lesser-included offenses, the second paragraph, stating, "If you return a verdict of guilty, it should be for the highest offense on the verdict form [for each count] that has been proven beyond a reasonable doubt.If you find that no offense has been proven beyond a reasonable doubt, then, of course, your verdict must be not guilty," should be given.

Instruction 8.26 is amended to reflect that the offense of sexual cyberharassment may be committed by "dissemination" of a sexually explicit image of the victim through electronic means, and that the publication or dissemination was contrary to the victim's reasonable expectation of privacy.The instruction is further amended to include the definition of "personal identification information" as provided by section 784.049(2)(b), Florida Statutes(2019), and a citation to section 784.049(2)(c) is included for "reasonable expectation of privacy."

Instruction 27.1 is rewritten to reorganize the elements and also includes "released on furlough" in accord with an amendment to section 944.40, Florida Statutes(2019), by chapter 2019-167, section 54, Laws of Florida.

The amended criminal jury instructions, as set forth in the appendix to this opinion, are hereby authorized for publication and use.²New language is indicated by underlining, and deleted language is indicated by struck-through type.We caution all interested parties that any comments associated with the instructions reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to their correctness or applicability.In authorizing the publication and use of these instructions, we express no opinion on their correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instructions.The instructions as set forth in the appendix shall become effective immediately upon the release of this opinion.

It is so ordered.

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur.

APPENDIX

CANADY, C.J., and POLSTON, LABARGA, LAWSON, and MUÑIZ, JJ., concur.

APPENDIX

3.12 VERDICT

You may find the defendant guilty as chargedin the [information][indictment][or guilty of such lesser included crime[s] as the evidence may justify]or not guilty.

*[ If you return a verdict of guilty, it should be for the highest offenseon the verdict form [for each count]that has been proven beyond a reasonable doubt.If you find that no offense has been proven beyond a reasonable doubt, then, of course, your verdict must be not guilty.]

The verdict must be unanimous, that is, all of you must agree to the same verdict.Only one verdict may be returned as to [the crime][each crime] charged [, except as to Count ( insert number), where the defendant can be found guilty of more than one lesser included crime].The verdict must be in writing and for your convenience the necessary verdict form[s][has][have] been prepared for you.[It is][They are] as follows (read verdict form(s)):

Give if State is proceeding on both theories of First Degree Murder (premeditated and felony murder).Mansfield v. State, 911 So.2d 1160(Fla.2005).

If you return a verdict of guilty to the charge of First Degree Murder, it is not necessary that all of you agree the State proved First Degree Premeditated Murder and it is not necessary that all of you agree the State proved First Degree Felony Murder.Instead, what is required is that all of you agree the State proved either First Degree Premeditated Murder or First Degree Felony Murder.

In cases of multiple defendants or multiple charges, give 3.12(a), (b), or (c) as applicable.

A sample of possible verdict forms for typical variables in combinations of defendants and charges follows:

1.Verdict form for single count, single defendant.

We, the jury, find as follows, as to the defendant in this case: (check only one) ___a.The defendant is guilty of (crime charged).

___b.The defendant is guilty of (a lesser included offense).

___c.The defendant is not guilty.

2.Verdict form for multiple counts, single defendant.

We, the jury, find as follows, as to Count I of the charge: (check only one as to this count)

___a.The defendant is guilty of (crime charged).

___b.The defendant is guilty of (a lesser included offense).

___c.The defendant is not guilty.

We, the jury, find as follows, as to Count II of the charge: (check only one as to this count)

___a.The defendant is guilty of (crime charged).

___b.The defendant is guilty of (a lesser included offense).

___c.The defendant is not guilty.

3.Verdict form if a count is a crime where the defendant can be guilty of more than one lesser included offense.

We, the jury, find as follows, as to Count (insert number) of the charge:

___a.The defendant is guilty of (crime charged).

(If the defendant is not guilty of the main charge, then proceed to the lesser included offenses):

___b.The defendant is guilty of lesser included offense(s).(check as many lesser included offenses as apply)

___ The defendant is guilty of (lesser included offense).

___ The defendant is guilty of (lesser included offense).

___ The defendant is guilty of (lesser included offense).

___ The defendant is guilty of (lesser included offense).

(If the defendant is not guilty of the main charge or any lesser included offenses, then proceed to not guilty):

___c.The defendant is not guilty.

Use separate verdict for each defendant.

4.Verdict form for multiple counts, multiple defendants.

We, the jury, find as to the defendant, (name of defendant), as follows:

As to Count I: (check only one as to this count)

____a.The defendant is guilty of (crime charged).

____b.The defendant is guilty of (a lesser included offense).

____c.The defendant is not guilty.

As to Count II: (check only one as to this count)

____a.The defendant is guilty of (crime charged).

____b.The defendant is guilty of (a lesser included offense).

____c.The defendant is not guilty.

5.Verdict form when insanity is a defense.

____a.The defendant is guilty of (crime charged).

____b.The defendant is guilty of (a lesser included offense).

____c.The defendant is not guilty.

____d.The defendant is not guilty because legally insane.

Read if applicable.Special finding forms #6 and #7 below refer to § 775.087,

Fla. Stat.There are other statutes requiring special findings.

In addition to the verdict form[s], there [is][are][a] Special Finding form[s] for Count[s](insert number(s)).

6.Special finding form regarding § 775.087(1), Fla. Stat.

If you found the defendant guilty of (name of crime), you must then answer the following question:

During the commission of the offense, did the defendant personally [carry][display][use][threaten to use][attempt to use] a [weapon][firearm]?

     _____________ Yes
                     _____________ No
                

7.Special finding form regarding § 775.087(2), Fla. Stat.

If you found the defendant guilty of (name of crime), you must then answer the following question[s]:

1.During the commission of the offense, did the defendant actually possess a [firearm][destructive device]?

     _____________ Yes
                     _____________ No
                

2.During the commission of the offense, did the defendant personally discharge a [firearm][destructive device]?

     _____________ Yes
                     _____________ No
                

3.During the commission of the offense and as a result of the discharge of the [firearm][destructive device], was death caused to (victim)?

     _____________ Yes
                     _____________ No
                

Comments

*This paragraph should be read if the case involves one or more lesser-included offenses.

This instruction must be amended if the defendant is relying on an insanity defense.

It ishighly recommended that trial courts rely solely on the core offense in determining the order of lesser included offenses on a verdict form.Trial courtsshouldcan then provide an interrogatory, separate from the verdict form for the core offense, for the jury to determine the existence of circumstances that can result in mandatory minimum sentences, sentence enhancements, or offense reclassifications.In addition, interrogatories may be used for crimes such as burglary and robbery, in which the aggravating factor is part of the statute governing the substantive crime.Sanders v. State,944 So.2d 203(Fla.2006).

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