FL · jury_instructions
Fla. Std. Jury Instr. (Crim.) 3.18
HABITUAL VIOLENT FELONY OFFENDER* FINDINGS
§ 775.084, Fla. Stat.
You have found (defendant) guilty of (name(s) of crime(s)). You must now determine whether the State proved the following three elements beyond a reasonable doubt.
1. The defendant was previously convicted of [an attempt to commit] [a conspiracy to commit] (insert the appropriate felony listed in § 775.084(1)(b)1., Fla. Stat.).
Give at least one of the following as applicable.
2. The (name(s) of crime(s)) for which you just rendered a verdict of guilty was committed
a. while the defendant was serving a prison sentence [or other sentence] that was imposed as a result of the conviction for the crime in element #1.
b. while the defendant was serving a [court-ordered] [or lawfully imposed supervision] that was imposed as a result of the conviction for the crime in element #1.
c. within 5 years of the date of the conviction for the crime in element #1.
d. within 5 years of the defendant’s release from [a prison sentence] [probation] [community control] [control release] [conditional release] [parole] [court-ordered or lawfully imposed supervision or other sentence] that was imposed as a result of the conviction for the crime in element #1.
3. The conviction for the crime in element #1 was sentenced separately from the (name(s) of crime(s)) for which you just found the defendant guilty.
Give if applicable.
The placing of a person on probation or community control without an adjudication of guilt qualifies as a prior conviction.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-08-18
- Edition
- 2026-08-18
- Content hash
d6aeb2036580fa5e0d3b9fda79dbb5cf3a36a9a458579e0a28ccc81fbdaa9987
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