If a verdict is so defective that the court cannot determine from it whether the jurors intended to acquit the defendant or to convict the defendant of an offense for which judgment could be entered under the indictment or information on which the defendant is tried, or cannot determine from it on what count or counts the jurors intended to acquit or convict the defendant, the court shall, with proper instructions, direct the jurors to reconsider the verdict, and the verdict shall not be received until it shall clearly appear therefrom whether the jurors intended to convict or acquit the defendant and on what count or counts they intended to acquit or convict the defendant. If the jury persists in rendering a defective verdict, the court shall declare a mistrial.
RULE 3.530. RECONSIDERATION OF AMBIGUOUS OR DEFECTIVE VERDICT
- This rule applies if a jury's verdict is so unclear that the court cannot determine their intent.
- This could happen if the verdict doesn't clearly state "guilty" or "not guilty," or on which count they are ruling.
- The judge must reinstruct the jury and send them back for further deliberations to fix the verdict.
- If the jury continues to render a defective verdict after being sent back, the court must declare a mistrial.
1968 Adoption. Same as section 919.18, Florida Statutes.
1972 Amendment. Same as prior rule.