No irregularity in the rendition or reception of a verdict may be raised unless it is raised before the jury is discharged. No irregularity in the recording of a verdict shall affect its validity unless the defendant was in fact prejudiced by the irregularity.
RULE 3.570. IRREGULARITY IN RENDITION, RECEPTION, AND RECORDING OF VERDICT
- This rule distinguishes between errors in the *rendition* (announcement) of a verdict and errors in its *recording* (clerical entry).
- An error in recording the verdict will only invalidate it if the defendant was actually prejudiced by the mistake.
- Any objection to an irregularity in how the verdict is rendered or received must be raised before the jury is discharged, or the issue is waived for appeal.
1968 Adoption. Rule 3.570 is same as section 919.22, Florida Statutes.
Section 919.23, Florida Statutes, was not included in the rules. This deals with the recommendation of mercy and it was felt that this was not procedural but substantive and not within the scope of the rulemaking power of the supreme court.
1972 Amendment. Same as prior rule.