Use by Trial Courts of Standard Jury Instructions in Criminal Cases, In Matter of, 58799
| Decision Date | 05 June 1981 |
| Docket Number | No. 58799,58799 |
| Citation | 431 So.2d 599 |
| Parties | . Supreme Court of Florida |
| Court | Florida Supreme Court |
On April 16, 1981, this Court adopted in this cause a complete revision of the standard jury instructions in criminal cases. In our opinion adopting the instructions we also adopted a schedule of lesser included offenses, effective July 1, 1981. We requested comments from interested persons on the proposed schedule and requested that the Court's Committee on Standard Jury Instructions in Criminal Cases, in conjunction with the Criminal Procedure Rules Committee of The Florida Bar, submit to us by June 1 suggested amendments to Florida Rules of Criminal Procedure 3.490 and 3.510, in order to implement the schedule of lesser included offenses. The committees have requested an additional thirty days, which we hereby grant. This in turn necessitates a postponement of the effective date of the schedule and its modification of Brown v. State, 206 So.2d 377 (Fla.1968), until October 1, 1981. This will afford us sufficient time to consider and publish the necessary amendments to rules 3.490 and 3.510 in order to assure that the bench and bar are informed as to the exact requirements for instructions on attempts and lesser degrees of an offense.
For this reason, our opinion of April 16, 1981, 431 So.2d 594, is modified to reflect that the effective date of the schedule of lesser included offenses is October 1, 1981, and the schedule remains subject to modification following consideration of comments and proposed implementing rules.
It is so ordered.
To continue reading
Request your trial
-
Combs v. State
...have been modified and amended in 1981, In re Standard Jury Instructions in Criminal Cases, 431 So.2d 594 (Fla.), modified, 431 So.2d 599 (Fla.1981), and in 1985, The Florida Bar re Standard Jury Instructions, Criminal Cases, 477 So.2d 985 (Fla.1985), the contested language has remained the......
-
Nurse v. State
...In re the Use by the Trial Courts of the Standard Jury Instructions in Criminal Cases, 431 So.2d 594, 596 (Fla.1981), modified, 431 So.2d 599 (Fla.1981)." State v. Weller, 590 So.2d 923, 925 (Fla.1991) (emphasis In turn, each of these two categories of lesser included offenses have certain ......
-
Foster v. State
...a weapon. See In Matter of Use by Trial Courts of Standard Jury Instructions in Criminal Cases, 431 So.2d 594 (Fla.1981), modified, 431 So.2d 599 (Fla.1981). The parties have not cited nor have we found a reported case on double jeopardy in which a defendant was convicted of these two crime......
-
Ramirez v. Sec'y
...eliminated in our [Florida's] civil standard jury instructions and in the federal courts." Matter of Use by Tr. Courts of Stand. Jury Instructions in Crim. Cases, 431 So.2d 594, 595 (Fla. 1981) (citing Holland v. United States, 348 U.S. 121 (1954)), modified sub nom. In Matter of Use by Tr.......
-
Dui defense
...[ See In re the Use by the Trial Courts of the Standard Jury Instructions in Criminal Cases , 431 So. 2d 594, 596 (Fla.1981), modified , 431 So. 2d 599 (Fla.1981).] In a prosecution for an offense with lesser included offenses, the jury may find the defendant not guilty of the greater offen......
-
Misdemeanor defense
...3.490; 3.510; [ In re the Use by Trial Courts of the Standard Jury Instructions in Criminal Cases , 431 So. 2d 594 (Fla.1981), modified , 431 So. 2d 599 (Fla.1981) (creating the two categories of lesser included offenses).] A necessarily lesser included offense is one where the charged offe......