In re Standard Jury Instructions in Criminal Cases—Report 2017-05
Citation | 236 So.3d 244 (Mem) |
Decision Date | 08 February 2018 |
Docket Number | No. SC17–1714,SC17–1714 |
Parties | IN RE: STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT 2017–05. |
Court | United States State Supreme Court of Florida |
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
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 for publication and use the amended standard instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Committee proposes amending the following standard criminal jury instructions: 28.4 (Leaving the Scene of a Crash Involving [Death] [Serious Bodily Injury] [Injury] ); 28.4(a) ( ); 28.4(b) ( ); 28.6 (Fleeing to Elude a Law Enforcement Officer); 28.7 (Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated) ); 28.8 (Fleeing to Elude a Law Enforcement Officer (Siren and Lights Activated with High Speed or Reckless Driving); 28.8(a) ( ); 28.8(b) ( ); 28.8(c) ( ); 28.8(d) ( ); and 28.8(e) ( ).
The Committee published all of the proposals in the January 15, 2017, edition of The Florida Bar News . The Committee made responsive changes to a majority of the proposals following its receipt of comments. The Court did not publish the proposals after they were filed. Having considered the Committee's report, we authorize for publication and use the above-listed instructions as proposed.
We note the more significant amendments to the standard criminal jury instructions1 as follows. First, instructions 28.4, 28.8(b), 28.8(c), 28.8(d), and 28.8(e) are amended to remove the phrase "or accident" from the elements of the offenses. Second, the Leaving the Scene instructions, 28.4, 28.4(a), and 28.4(b), and the Aggravated Fleeing or Eluding instructions, 28.8(b), 28.8(c), 28.8(d), and 28.8(e), are amended to add a citation to Gaulden v. State , 195 So.3d 1123 (Fla. 2016), with the definition for the phrase "a vehicle is 'involved in a crash,' " meaning "if it collides with another vehicle, person, or object."
Having considered the Committee's report, we authorize the amended instructions, as set forth in the appendix to this opinion, for publication and use.2 New language is indicated by underlining, and deleted language is indicated by struck-through type. 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 when this opinion becomes final.
It is so ordered.
APPENDIX
28.4_ LEAVING THE SCENE OF A CRASH INVOLVING [DEATH] [SERIOUS BODILY INJURY] [INJURY]
§ 316.027(2), Fla. Stat.; § 316.062, Fla. Stat.
To prove the crime of Leaving the Scene of a Crash Involving [Death] [Injury], the State must prove the following four elements beyond a reasonable doubt:
Give 3a if death is charged or 3b if injury or serious bodily injury is charged.
Give 4a, 4b, or both as applicable.
If the State proves that the defendant willfully failed to give any part of the "identifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense.
Give if serious bodily injury is charged. § 316.027(1)(a), Fla. Stat.; § 316.027(2)(b), Fla. Stat.
If you find that (defendant) committed the crime of Leaving the Scene of a Crash Involving Injury, you must then determine whether the State proved beyond a reasonable doubt that the injury was a serious bodily injury.
"Serious bodily injury" means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.
Enhancement. Give when the State alleged the victim was a "vulnerable road user." § 316.027(2)(f), Fla. Stat.
If you find that (defendant) committed the crime of Leaving the Scene of a Crash Involving [Death] [Serious Bodily Injury] [or] [Injury], you must then determine whether the State proved beyond a reasonable doubt that the [injured person] [person who died] was:
Definitions. Give as applicable. § 316.003(75), Fla. Stat.
Gaulden v. State, 195 So.3d 1123 (Fla. 2016).
A vehicle is "involved in a crash" if it collides with another vehicle, person, or object.
A "vehicle" is any device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.
"Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or permit to drive.
"Reasonable assistance" includes carrying or making arrangements to carry the injured person to a physician or hospital for medical treatment.
Patterson v. State, 512 So.2d 1109 (Fla. 1st DCA 1987).
"Willfully" means knowingly, intentionally and purposely.
If the "vulnerable road user" enhancement is given, insert applicable definitions from § 316.003, Fla. Stat.
Lesser Included Offenses
Comments
* InWilliams v. State, 732 So.2d 431 (Fla. 2d DCA 1999), the court stated in dictum that Leaving the Scene of a Crash Involving Injury is a necessarily lesser-included offense of Leaving the Scene of a Crash Involving Death. In other areas, however, where there is no issue that a person was killed as a result of an incident giving rise to criminal charges, non-death lessers are not appropriate.See, e.g., State v. Barritt, 531 So.2d 338 (Fla. 1988);Humphrey v. State, 690 So.2d 1351 (Fla. 3d DCA 1997).
It is unclear whether the courts will interpret the statutory phrase of "involved in a crash" as including instances where the defendant's vehicle did not collide with another vehicle, person, or object, but the defendant's driving pattern caused vehicle 2 to collide with a person, an object, or vehicle 3. See State v. Elder, 975 So.2d 481 (Fla. 2d DCA 2007) (decided before Gaulden v. State, 195 So.3d 1123 (Fla. 2016)).
This instruction was adopted in 1995 and amended in 2008 [973 So.2d 432], 2015 [166 So.3d 136 1],and 2016 [192 So.3d 1190], and 2018.
28.4(a)_ LEAVING THE SCENE OF A CRASH INVOLVING ONLY DAMAGE TO AN ATTENDED VEHICLE OR ATTENDED PROPERTY
§ 316.061(1), Fla. Stat.
To prove the crime of Leaving the Scene of a Crash Involving Only Damage to...
To continue reading
Request your trial- In re Standard Jury Instructions in Criminal Cases—Report 2018-09
-
In re Standard Jury Instructions in Criminal Cases—Report 2019-10
...DCA 1985).This instruction was adopted in 2000 and amended in 2008 [976 So.2d 1081], 2011 [73 So.3d 136], 2015 [166 So.3d 161], 2018 [236 So.3d 244],and 2019 [262 So.3d 59], and 2020. 28.7 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER (Siren and Lights Activated)§ 316.1935(2), Fla. Stat.To pro......