In re Standard Jury Instructions in Criminal Cases—Report No. 2015–06, SC15–1872.
| Decision Date | 23 June 2016 |
| Docket Number | No. SC15–1872.,SC15–1872. |
| Citation | 195 So.3d 356 (Mem) |
| Parties | In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015–06. |
| Court | Florida Supreme Court |
195 So.3d 356 (Mem)
In re STANDARD JURY INSTRUCTIONS IN CRIMINAL CASES—REPORT NO. 2015–06.
No. SC15–1872.
Supreme Court of Florida.
June 23, 2016.
Judge Frederic Rand Wallis, Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Daytona Beach, FL; Judge Jerri Lynn Collins, Past Chair, Supreme Court Committee on Standard Jury Instructions in Criminal Cases, Sanford, FL; and Barton Neil Schneider, Staff Liaison, Office of the State Courts Administrator, Tallahassee, FL, for Petitioner.
PER CURIAM.
The Supreme Court Committee on Standard Jury Instructions in Criminal Cases (Committee) has submitted a report proposing amendments to nine existing standard criminal jury instructions. We have jurisdiction. See art. V, § 2(a), Fla. Const.
The Committee proposes amending existing instructions 2.1 (Preliminary Instructions); 8.2 (Aggravated Assault); 8.10 (Assault on Law Enforcement Officer, Firefighter, etc.); 8.12 (Aggravated Assault on Law Enforcement Officer, Firefighter, etc.); 8.15 (Aggravated Assault on Person 65 Years of Age or Older); 10.5 (Improper Exhibition of a [Weapon] [Firearm] ); 11.17(c) (Traveling to Meet a Minor); 11.17(d) (Traveling to Meet a Minor Facilitated by Parent, Legal Guardian, or Custodian); and 16.4 (Contributing to Child [Delinquency] [Dependency] [in Need of Services] ).
Prior to filing its report with the Court, the Committee published its proposals for comment. Two comments were received by the Committee. The comments were filed by the Florida Public Defender Association and Attorney Blaise Trettis, and addressed a proposed amendment to the comment section of instructions 8.2, 8.10, 8.12, and 8.15. Upon consideration of the comments, the Committee withdrew its proposed comment and added a new comment stating that it is unclear whether a charging document that tracks the statute for aggravated assault with a deadly weapon also charges improper exhibition.
After the Committee filed its report, the Court did not publish the Committee's proposals for comment. Having considered the Committee's report and the comments received by the Committee, we authorize instructions 2.1, 8.2, 8.10, 8.12, 8.15, 10.5, 11.17(c), 11.17(d), and 16.4 for publication and use, with the following modification.
We decline to authorize for publication and use the Committee's proposed new comment in instruction 10.5 regarding the exhibition of an antique firearm. The comment proposed by the Committee states that it is presently unclear whether a defendant who improperly exhibits an antique firearm violates section 790.10, Florida Statutes (2015)—the statute upon which instruction 10.5 is based. Under that statute, a defendant is guilty of improper exhibition of a weapon or firearm if he or she: (1) has or carries a weapon or firearm; (2) exhibits the weapon or firearm in a rude, careless, angry, or threatening manner; and (3) does the foregoing in the presence of one or more persons. § 790.10, Fla. Stat. (2015). The term “firearm” is specifically defined in instruction 10.5. That definition—which stems from section 790.001(6), Florida Statutes (2015)—expressly states that the term “firearm” does not include antique
firearms unless such are used in the commission of a crime. The proposed comment is thus inconsistent with how the term “firearm” is defined within the context of section 790.10, Florida Statutes, and instruction 10.5. Given the existence of this inconsistency, we must decline to authorize the Committee's proposed comment for publication and use.
Accordingly, the instructions, as set forth in the appendix to this opinion, are authorized for publication and use.1 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. We further 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. New language is indicated by underlining and deleted language is indicated by struck-through type. The instructions as set forth in the appendix shall be effective when this opinion becomes final.
It is so ordered.
LABARGA, C.J., and PARIENTE, LEWIS, QUINCE, CANADY, POLSTON, and PERRY, JJ., concur.
Appendix
2.1 PRELIMINARY INSTRUCTIONS
Ladies and gentlemen of the jury:
You have been selected and sworn as the jury to try the case of State of Florida v. (defendant).
This is a criminal case. (Defendant) is charged with (crime(s) charged). The definition of the elements of crime(s) charged) will be explained to you later.
(It is your solemn responsibility to determine if the State has proved its accusation beyond a reasonable doubt against (defendant). Your verdict must be based solely on the evidence, or lack of evidence, and the law.
The State's charging document, which is called an [information] [indictment], is not evidence and is not to be considered by you as any proof of guilt.
It is the judge's responsibility to decide which laws apply to this case and to explain thosethe laws to you. It is your responsibility to decide what the facts of this case may be, and to apply the law to those facts. It is your solemn responsibility to determine if the State proved its accusation beyond a reasonable doubt against (defendant) in accordance with the law that I provide to you. Thus, the province of the jury and the province of the court are well defined, and they do not overlap. This is one of the fundamental principles of our system of justice.
Before proceeding further, it will be helpful if you understand how a trial is conducted.
At the beginning of the trial, the attorneys will have an opportunity, if they wish, to make an opening statement.
The opening statement gives the attorneys a chance to tell you what evidence they believe will be presented during the trial. What the lawyers say is not evidence, and you are not to consider it as such.
Following the opening statements, witnesses will be called to testify under oath. They will be examined and cross-examined by the attorneys. Documents and other exhibits also may be produced as evidence.
The trial judge should select one of the following two alternatives regarding how final instructions are presented pursuant to Fla. R.Crim. P. 3.390(a).
Alternative A: After the evidence has been presented, the attorneys will have the opportunity to make their finalclosing arguments.
Following the closing arguments by the attorneys, the court will instruct you on the law applicable to the case.
Alternative B: After the evidence has been presented, the court will give you instructions on the law.
The attorneys will then have the opportunity to make their closing arguments.
Following the closing arguments by the attorneys, the court will conclude with the final instructions.
Resume with the paragraph below.
After the final instructions are given [the alternative juror will be released and] you will then retire to consider your verdict.
You should not form any definite or fixed opinion on the merits of the case until you have heard all the evidence, the argument of the lawyers and the instructions on the law by the judge. Until that time, you should not discuss the case among yourselves.
Your verdict must be based solely on the evidence, or lack of evidence, and the law.
I now instruct you not to communicate with anyone, including your fellow jurors, about this case. No communication includes no e-mailing, text messaging, tweeting, blogging, or any other form of communication. You cannot do any research about the case or look up any information about the case. If you become aware of any violation of any of these rules at all, notify court personnel of the violation.
During the course of the trial, the court may take recesses, and you will be permitted to separate and go about your personal affairs. During these recesses you must not discuss the case with anyone nor permit anyone to say anything to you or in your presence about the case. If anyone attempts to say anything to you or in your presence about this case, tell [him] [her]him or her that you are on the jury trying the case and ask [him] [her]that person to stop. If [he] [she]he or she persists, leave [him] [her]that person at once and immediately report the matter to the [court deputy] [bailiff], who will advise me.
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