FL · rules
Fla. R. Crim. P. 3.610
Motion for Arrest of Judgment; Grounds
The court shall grant a motion in arrest of judgment only if:
(a) the indictment or information on which the defendant
was tried is so defective that it will not support a judgment of
conviction;
(b) the court is without jurisdiction of the cause;
(c) the verdict is so uncertain that it does not appear
therefrom that the jurors intended to convict the defendant of an
offense for which the defendant could be convicted under the
indictment or information under which the defendant was tried; or
(d) the defendant was convicted of an offense for which the
defendant could not be convicted under the indictment or
information.
History
Committee Notes 1968 Adoption. Note that (a)(1) of the rule revamps section 920.05(2)(a) through (d), Florida Statutes, in an effort to better take into account the fact that an accusatorial writ that would not withstand a motion to quash (dismiss) might well support a judgment of conviction if no such motion is filed. See Sinclair v. State, 46 So. 2d 453 (1950). Note also that, where appropriate, the rule mentions “affidavit” in addition to “indictment” and “information.” The standing committee on Florida court rules questioned whether this rule is procedural or substantive and directed the subcommittee to call this fact to the attention of the supreme court. 1972 Amendment. Same as prior rule. References to trial affidavit deleted.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
bed1d0960308a66c23d52cccd7a6486c7ccdd1ddc8b32fc555b57706371e14d4
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