In re Standard Jury Instructions in Criminal Cases—instruction

Decision Date05 June 2014
Docket NumberNo. SC12–1940.,SC12–1940.
Citation140 So.3d 992
PartiesIn re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—INSTRUCTION 14.2.
CourtFlorida Supreme Court

OPINION TEXT STARTS HEREOriginal Proceeding—Supreme Court Committee on Standard Jury Instructions in Criminal Cases.

Honorable Joseph A. Bulone, Chair, Clearwater, FL, and Honorable Jacqueline Hogan Scola, Past Chair, Standard Jury Instructions in Criminal Cases Committee, Miami, FL, and Bart Schneider, Senior Attorney, Office of State Court Administrator, Tallahassee, FL, for Petitioner.

PER CURIAM.

Previously in this case, the Court authorized on an interim basis, on its own motion, amended instruction 14.2 (Dealing in Stolen Property (Fencing)) of the Standard Jury Instructions in Criminal Cases. See In re Standard Jury Instructions in Criminal Cases—Instruction 14.2, 121 So.3d 520 (Fla.2013).1 The amendments to this instruction were in response to this Court's decision in Williams v. State, 121 So.3d 524 (Fla.2013), holding that when the offenses of both theft and dealing in stolen property are submitted to the jury, the jury must be instructed in accordance with section 812.025, Florida Statutes (2008). Id. at 530–31. Because the Court amended the instruction on its own motion, the Court allowed sixty days in which the Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) and other interested persons could file comments. In re Standard Jury Instructions in Criminal Cases—Instruction 14.2, 121 So.3d at 521.

The Court received one comment and a response from the Committee. Having considered the comment and the Committee's response, we further amend instruction 14.2 as proposed by the Committee but with one modification. We decline to include the Committee's proposed language pertaining to when a person engages in more than one scheme or course of conduct, because the Court does not decide substantive issues in jury instruction cases, but rather allows the law to develop in actual cases and controversies.

Amended instruction 14.2, as set forth in the appendix to this opinion, is hereby authorized 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 this instruction, we express no opinion on its correctness and remind all interested parties that this authorization forecloses neither requesting additional or alternative instructions nor contesting the legal correctness of the instruction. We further caution all interested parties that any comments associated with the instruction reflect only the opinion of the Committee and are not necessarily indicative of the views of this Court as to their correctness or applicability. The instruction as set forth in the appendix shall become effective immediately upon release of this opinion.

It is so ordered.

POLSTON, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, LABARGA, and PERRY, JJ., concur.

APPENDIX

14.2 DEALING IN STOLEN PROPERTY (FENCING)

§ 812.019(1), Fla. Stat.

To prove the crime of Dealing in Stolen Property (Fencing), the State must prove the following two elements beyond a reasonable doubt:

1. (Defendant) [trafficked in] [endeavored to traffic in] (property alleged).

2. (Defendant) knew or should have known that (property alleged) was stolen.

Inferences. Give if applicable. § 812.022(2), Fla. Stat.

Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen.

Inferences. Give if applicable. § 812.022(3), Fla. Stat.

Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen.

Inferences. Give if applicable. § 812.022(4), Fla. Stat.

Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen.

Inferences. Give if applicable. § 812.022(5), Fla. Stat.

Proof that a dealer who regularly deals in used property possesses stolen property, upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed, gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen.

Inferences. Give if applicable. § 812.022(6), Fla. Stat.

Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen.

Definitions.

§ 812.012(3), Fla. Stat.

Property” means anything of value, and includes:

real property, including things growing on, affixed to and found in land;

tangible or intangible personal property, including rights, privileges, interests, and claims; and

services.

§§ 812.012(6), 812.028(3), Fla. Stat.

Stolen property” means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property.

§ 812.012(7), Fla. Stat.

Traffic” means:

to sell, transfer, distribute, dispense or otherwise dispose of property; and

to buy, receive, possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property.

Give if both theft and dealing in stolen property are submitted to the jury:

You will receive separate verdict forms for theft and dealing in stolen property as the defendant was charged with both crimes.

If you find that the State has not proven theft and dealing in stolen property, then you are to find the defendant not guilty of both...

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7 cases
  • In re Standard Jury Instructions in Criminal Cases—Report 2019-01
    • United States
    • Florida Supreme Court
    • 19 Diciembre 2019
    ...2018) ; In re Std. Jury Instrs. in Criminal Cases—Report No. 2015-08 , 194 So. 3d 1007 (Fla. 2016); In re Std. Jury Instrs. in Criminal Cases—Instruction 14.2 , 140 So. 3d 992 (Fla. 2014) ; In re Std. Jury Instrs. in Criminal Cases—Report No. 2011-03 , 95 So. 3d 868, 869 (Fla. 2012); In re ......
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    ...in 1989 [543 So.2d 1205], 2007 [962 So.2d 310], by adding the inferences in § 812.022(2)(6), Fla. Stat., 2013 [121 So.3d 520], and 2014 [140 So.3d 992], and 2016.14.3 DEALING IN STOLEN PROPERTY (ORGANIZING)§ 812.019(2), Fla._Stat.To prove the crime of Dealing in Stolen Property (Organizing)......
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    ...(Fla. 2018); In re Std. Jury Instrs. in Crim. Cases—Report No. 2015-08, 194 So. 3d 1007 (Fla. 2016); In re Std. Jury Instrs. in Crim. Cases—Instruction 14.2, 140 So. 3d 992 (Fla. 2014); In re Std. Jury Instrs. in Crim. Cases—Report No. 2011-03, 95 So. 3d 868, 869 (Fla. 2012); In re Std. Jur......
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    ...We authorized the use of amended instruction 14.2 following our decision in Williams. See In re Standard Jury Instructions in Criminal Cases—Instruction 14.2, 140 So.3d 992 (Fla.2014).6 Without mentioning this Court's decision in Hall, the dissent argues that Anucinski's lesser offense shou......
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