FL · rules
Fla. R. Crim. P. 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.
History
Committee Notes 1968 Adoption. Substantially the same as section 920.06, Florida Statutes. 1972 Amendment. Same as prior rule.
Provenance
- Source
- floridabar.org
- Retrieved
- 2026-09-14
- Edition
- 2026-09-14
- Content hash
08557a400cca68e7f4c4a130289cdcca5fd23826b627aa6dac04a0ac2ee98ac4
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