If a verdict is rendered from which it can be clearly understood that the jurors intended to acquit the defendant, a judgment of not guilty shall be rendered thereon even though the verdict is defective. No judgment of guilty shall be rendered on a verdict unless the jurors clearly express in it a finding of guilt of the defendant.
RULE 3.680. JUDGMENT ON INFORMAL VERDICT
- This rule applies when a jury's verdict is defective or informal.
- If it's clear the jury intended to acquit, a judgment of not guilty must be entered, even if the verdict form is defective.
- However, a judgment of guilty can only be entered if the jury "clearly express[es]" a finding of guilt.
- This rule gives the defendant the benefit of the doubt; any ambiguity in a verdict is resolved in favor of acquittal.
1968 Adoption. Same as section 921.02, Florida Statutes.
1972 Amendment. Same as prior rule.