Florida Criminal Procedure

Rules, Statutes, and Cases

3.620. When Evidence Sustains Only Conviction of Lesser Offense

Rule 3.620. When Evidence Sustains Only Conviction of Lesser Offense 

When the offense is divided into degrees or necessarily includes lesser offenses and the court, on a motion for new trial, is of the opinion that the evidence does not sustain the verdict but is sufficient to sustain a finding of guilt of a lesser degree or of a lesser offense necessarily included in the one charged, the court shall not grant a new trial but shall find or adjudge the defendant guilty of the lesser degree or lesser offense necessarily included in the charge, unless a new trial is granted by reason of some other prejudicial error.

COMMENTARY: None at this time.

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