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.
RULE 3.620. WHEN EVIDENCE SUSTAINS ONLY CONVICTION OF LESSER OFFENSE
- This rule applies when a judge is considering a motion for new trial.
- If the judge finds the evidence does not support the jury's verdict, but DOES support a lesser offense...
- ...the judge can enter a judgment for the lesser offense instead of granting a whole new trial.
- This promotes judicial economy by allowing the court to "fix" a verdict unsupported by the evidence without requiring a completely new trial.
1968 Adoption. Substantially the same as section 920.06, Florida Statutes.
1972 Amendment. Same as prior rule.