Fla. R. Crim. P. 3.490 · X. CONDUCT OF TRIAL; JURY INSTRUCTIONS
DETERMINATION OF DEGREE OF OFFENSE
Verbatim from the official edition
Text — October 1, 2026 edition
If the indictment or information charges an offense divided into degrees, the jury may find the defendant guilty of the offense charged or any lesser degree supported by the evidence. The judge shall not instruct on any degree as to which there is no evidence.
Notes and commentary — not rule text
Committee Notes
1968 Adoption. Same as 919.14.
1972 Amendment. Same as prior rule except references to affidavit have been deleted.
Source of truth
- Edition
- October 1, 2026 edition
- Official file
- https://www-media.floridabar.org/uploads/2026/10/2027_04-Oct-Criminal-Procedure-Rules-10-1-2026.pdf (PDF pages 235)
- Text hash
- sha256 35b7ec5bba98c608f23b74ac503a9b3ecbe20ef1689cf7e1a532c6876a9df138
- Composed by
- compose_book.py 2026-10-03: pypdfium2 primary, PyMuPDF check, PDF bookmarks as the inventory
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.