The 2023 Florida Statutes (including Special Session C)
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. . . Requests for jury instructions in a criminal trial are governed by section 918.10, Florida Statutes, . . . which provides: 918.10 Charge to jury; request for instructions.— (1) At the conclusion of argument of . . . court shall inform counsel of its proposed action on the requests before their arguments to the jury. § 918.10 . . .
. . . This rule of procedure essentially overrides the language of section 918.10, Florida Statutes (2008), . . . State, 754 So.2d 731, 736 (Fla. 2d DCA 2000) (“[Rule] 3.390(a) overrides section 918.10(1) ... and precludes . . .
. . . Stat, and § 918.10, Fla. Stat. . . .
. . . himself, and this was a clear violation of Florida Rule of Criminal Procedure 3.390(a) and section 918.10 . . .
. . . He also recognizes that Florida Rule of Criminal Procedure 3.390(a) overrides section 918.10(1), Florida . . . instruction on the penalty comparable to the instruction that the legislature attempted to mandate in section 918.10 . . .
. . . with such basic invalidity as to lead to a reversal regardless of a timely objection under Section 918.10 . . .
. . . This rule abrogates the legislature’s grant of discretion to the trial judge given in section 918.10( . . .
. . . The Ccommittee adopted Fla.Statute ⅜ section 918.10, Florida Statutes, with only minor modification as . . .
. . . Sec. 918.10(2), Florida Statutes 1953, and F.S.A. . . .
. . . Compare Section 918.10, Florida Statutes, and Florida Rule of Criminal Procedure 3.390, requiring that . . .
. . . trial judge to give such instructions upon request of either party is based upon case law and section 918.10 . . .
. . . See § 918.10(1), Fla.Stat. (1977); Fla.R. Crim.P. 3.390(a); Harrison v. . . .
. . . Criminal Procedure 3.390(a) after the Simmons decision and in the same language as the statute, Section 918.10 . . .
. . . 3.390(a), Florida Rules of Criminal Procedure, in 1977, the rule and its predecessor statute (Section 918.10 . . .
. . . . § 918.10(4) (1970). See Fla.R.Crim.Pro. 3.390; Fla.App.R. 6.7g. . . .
. . . The court stated: It will be observed that statute 918.10, in directing the court to charge upon the . . . adopted former Fla.R.Crim.P. 3.390(a), the verbiage of which was virtually identical to that of F.S. 918.10 . . . See also, § 918.10(1), Fla.Stat. (1977). . See also, McBride v. . . .
. . . . § 918.10(1) (1973), the statute provides: At the conclusion of argument of counsel, the court shall . . .
. . . Article V, Section 3(b)(3), Florida Constitution. . 131 So.2d 7 (Fla.1961). .Section 918.10, Florida . . .
. . . State, Fla.App. 1968, 214 So.2d 887; § 918.10(3), Fla.Stat., Rule 3.390(c), RCrP. . . .
. . . (Emphasis supplied) The above rule was adopted from § 918.10, Florida Statutes, with “only minor modification . . .
. . . See. 918.10(1), F.S.A., limits trial judges to instruction of the jury only after final argument of counsel . . .
. . . Section 918.10(4) F.S.A., which was in effect when Rayner was tried and convicted, provided: “No party . . . Rayner failed to meet the requirements of F.S. § 918.10(4) F.S.A. and Rule 6.7(g) F.A.R., 32 F.S.A., . . . Specifically, the District Court may wish to consider the applicability of Fla.Stat. § 918.10(4) and/ . . . Stat. § 918.10(4) was repealed by Chapter 70-339, Laws of Florida, which took effect some months after . . .
. . . . § 918.10(4) provided: “No party may assign as error or grounds of appeal, the giving or failure to . . . The Legislature, in Chapter 70-339, Laws of Florida, repealed Fla.Stat. § 918.10(4) F.S.A., and provided . . . Stat. § 918.10(4), F.S.A., and/or F.A.E.. 6.7(g), 32 F.S.A., both relating to the necessity of objections . . . In this regard, we note that Fla.Stat. § 918.10(4), F.S.A., was repealed by Chapter 70-339, Laws of Florida . . .
. . . Sec. 918.10(4), F.S.A., relating to the necessity of objecting to the giving or failure to give an instruction . . .
. . . because of the failure of the trial court to instruct on the lesser included offenses, although F.S. 918.10 . . . court pointed out that the appellate court might wish to consider the applicability of Fla.Stat. § 918.10 . . .
. . . . § 918.10(4) (now F.A.R. 6.7(g) 32 F.S.A.). . . .
. . . . § 918.10(4), F.S.A., and/or F.A.R. 6.7 (g), 32 F.S.A., both relating to the necessity of objections . . . In this regard, we note that Fla.Stat. § 918.10(4), F.S.A., was repealed by Chapter 70-339, Laws of Florida . . .
. . . Committee Note: The Committee adopted Fla.Statute 918.10 with only minor modification as to terminology . . .
. . . . § 919.16, F.S.A., should be construed in pari materia with § 918.10. . . . It is to be noted that 918.10 was amended effective January 1971, materially changing the old Section . . . 918.10. . . . Laws of Florida, Chapter 70-339, § 117, [1970], comments that sub-sections (4) and (5) of 918.10 are . . . We do not here comment on the reasons the Legislature changed 918.10 which, in our opinion, was clear . . .
. . . State (Fla.) 247 So.2d 425; Fla.Stat., Section 918.10(4), F.S.A. . . .
. . . Ordinarily, of course, a jury charge not objected to cannot be the basis of an appeal, see, F.S.1969, § 918.10 . . .
. . . . § 918.10, F.S. . . . F.S. section 918.10, F.S.A. provides that the trial Judge shall charge the jury “on the law of the case . . . But while said quoted portion of the provisions of § 918.10 appears on its face to be mandatory, yet . . . Referring to F.S. § 918.10, F.S.A. the Court in Simmons said: “The provision of the statute in question . . .
. . . the penalty to which defendant might be subject upon conviction in compliance with F.S.1969, section 918.10 . . .
. . . State, Fla.App.1969, 227 So.2d 213; F.S. section 918.10(4), F. S.A.; Grace v. . . .
. . . that the court erred in not reducing its entire charge to the jury in writing as required by Section 918.10 . . . determine the guilt or innocence of appellant was included, thereby satisfying the requirements of Section 918.10 . . .
. . . . § 918.10(4), F.S.A. provides that a party may not complain on appeal about a failure to give an instruction . . .
. . . Section 918.10(4), F.S.A. and by case law, Grace v. . . .
. . . State, Fla.App.1964, 161 So.2d 16; § 918.10(4), Fla.Stat., F.S.A.; and Rule 6.16(a), F.A.R. . . .
. . . Section 918.10(1) reads as follows: ‘The presiding judge shall charge the jury only upon the law of the . . .
. . . . § 918.10(4) F.S.A., which reads as follows: “No party may assign as error or grounds of appeal the . . .
. . . . § 918.10(4), F.S.A. requires, the failure to give the instruction shall not be assigned as error on . . .
. . . Reversed and remanded, with directions. . “918.10 Charge to jury; request for instruction.— “(4) No party . . .
. . . Section 918.10(4), F.S.1967, F.S.A.: “No party may assign as error or grounds of appeal, the giving or . . .
. . . The appellant contends that the provisions of Section 918.10(2), Florida Statutes, F.S.A., make it mandatory . . . Section 918.10(2), F.S.A., provides as follows: “Every charge to a jury shall be orally delivered, and . . . Section 918.10(2), as now written requires charges in capital cases to be in writing, but the statute . . .
. . . Section 918.10(4), F.S.A., provides: “(4). . . .
. . . The written instruction, required by Florida Statutes § 918.10(2), F.S.A., states: “When two or more . . .
. . . State, Fla.App.1969, 223 So.2d 798; Section 918.10, Florida Statutes, F.S.A.; and Garcia v. . . .
. . . Section 918.10, F.S.A., provides that: “(3) At the close of the evidence, or at such earlier time during . . .
. . . In opposition to this attack on the instruction, the ap-pellee contends that Section 918.10(4), Florida . . . Section 918.10(4), Florida Statutes, F.S.A., reads as follows: “(4) No party may assign as error or grounds . . . Section 918.10(4) requires that an objection to a jury instruction be not only seasonable but also that . . .
. . . But the court also held that under iji >{c ‡ "* * * § 918.10, the failure to give an instruction is of . . . that the trial judge ‘shall’ charge the jury, must be applied in the light of the requirements of § 918.10 . . .
. . . Clearly, as we shall see, the quoted charge is erroneous; and § 918.10(4), F.S.A., provides that, “No . . .
. . . . § 918.10(3); Johnson v. State, 157 Fla. 328, 25 So.2d 801 (1946); Moore v. . . .
. . . either object to the charge in question or submit a written requested instruction, as required by § 918.10 . . .
. . . Section 918.10(4), Florida Statutes, F.S.A., clearly states that the giving or failure to give an instruction . . .
. . . . § 918.10(3), (4), F.S.A.; Miller v. State (Fla.App.1958), 102 So.2d 737. . . .
. . . Section 918.10, F.S.A., is particularly applicable to the present case. . . . Further, under § 918.10, the failure to give an instruction is of no avail on appeal unless it is requested . . . that the trial judge ‘shall’ charge the jury, must be applied in the light of the requirements of § 918.10 . . .
. . . Sec. 918.10(4) and (5) F.S.A. provides inter alia as follows: “(4) No party may assign as error or grounds . . .
. . . . § 918.10, F.S.A., and that no error was committed. Fla.Stat. § 919.05, F.S.A., Lutins v. . . .
. . . . § 918.10(4), F.S.A.; Siekman v. State, Fla.App.1967, 198 So.2d 352. . . .
. . . . § 918.10(4), F.S.A. See also Hamilton v. State, Fla.App.1963, 152 So.2d 793. . . .
. . . Section 918.10, F.S.A., wherein it is declared that “the presiding judge shall charge the jury only upon . . . Section 918.10, F.S.A. and even intimate that some significance should be given to the fact that the . . .
. . . timely objection was made by defendant to the absence of the charge, as provided for and required by § 918.10 . . .
. . . . § 918.10 (1965), F.S.A., infra. . . . Fla.Stat., § 918.10, F.S.A., reads in part as follows: “(3) At the close of the evidence, or at such . . . Further, under § 918.10, the failure to give an instruction is of no avail on appeal unless it is requested . . . that the trial judge “shall” charge the jury, must be applied in the light of the requirements of § 918.10 . . .
. . . See Section 918.10(4), F.S.1965, F.S.A.; Williams v. State, Fla.App.1959, 109 So.2d 379; Miller v. . . .
. . . See Section 918.10(4), Florida Statutes, F.S.A.; Foreman v. . . .
. . . Appellant directs our attention to-the provisions of section 918.10(1), Florida Statutes, 1965, F.S.A . . . State, 36 So.2d 207, reasoned as follows: “It will be observed that statute 918.10, in directing the . . . In view of the reasoning upon which the construction of the penalty provision of Section 918.10(1), Florida . . .
. . . See also Fla.Stat., Sec. 918.10(4), F.S.A., and Forceier v. State, Fla.App.1961, 133 So.2d 336. . . .
. . . Section 918.10, F.S.A. provides: “918.10 Charge to jury; request for instructions ****** “(4) No party . . .
. . . Section 918.10(4), Florida Statutes, F.S.A.” . . .
. . . See Section 918.10, Florida Statutes, F.S.A. The judgment of conviction is hereby Affirmed. . . .
. . . make any complaint regarding the-■charges given by the court, as required by subsection (4) of Section 918.10 . . .
. . . Sec. 918.10(4) Fla.Stat., F.S.A. . . .
. . . appellant now says should have been given, was not submitted to the trial court in writing as required by § 918.10 . . .
. . . appellee contends in this appeal that the appellant failed to comply with the provisions of Section 918.10 . . . administration of criminal justice is the apparent requirement in paragraphs (3) and (4) of Section 918.10 . . . opinion we discussed ’ the appellee’s contention in this appeal that the appellant violated Section 918.10 . . .
. . . because the appellant failed to request in writing that such a charge be given, as required by Section 918.10 . . .
. . . this charge was not assigned as error and the appellants failed to object thereto as required by F.S. 918.10 . . . This falls far short of the requirements of F.S. 918.10(4) F.S.A.; see Hamilton v. . . . State, supra, after construing F.S. 918.10(4) F.S.A. points out that, with respect to jury instructions . . .
. . . before us shows; so in the absence of such a fundamental error as to adversely affect justice, Section 918.10 . . .
. . . court erred in not instructing the jury-as to the penalty for the crime informed against, citing § 918.10 . . . The Supreme Court of Florida has specifically held that notwithstanding the language of § 918.10 (1), . . .
. . . See § 918.10(4), Florida Statutes, F.S.A. The judgment of the lower Court is affirmed. . . .
. . . Section 918.10(4), Florida Statutes, F. . . .
. . . Section 918.10(4), Florida Statutes, F. S.A.” Mr. Justice Drew filed a dissent in Brown v. . . .
. . . See Fla.Stat. 918.10(4), F.S.A.; Winnemore v. State, Fla.App.1963, 150 So.2d 277, 280. . . . .
. . . No specific objection was made to the complained of charge in the trial court, in accordance with § 918.10 . . .
. . . Then it does not appear that appellant attempted to save his alleged errors by compliance with § 918.10 . . . In this respect it should be noted that § 918.10(4), Florida Statutes, F.S.A., provides: “No party may . . .
. . . It is provided in § 918.10(4), Florida Statutes, F.S.A., that the defendant may not assign as error the . . .
. . . . § 918.10(4) F.S.A., which provides that “No party may assign as error or grounds of appeal, the giving . . .
. . . State, Fla.App.1958, 100 So.2d 82; § 918.10(4), Florida Statutes, F.S.A. . . .
. . . State, 1918, 76 Fla. 518, 80 So. 314; 32 Fla.Jur., section 142, pages 388-389; section 918.10(3), Florida . . .
. . . Sec. 918.10(4) provides that “[n]o party may assign as error or grounds of appeal, the giving or the . . .
. . . State, Fla., 124 So.2d 481, citing Sec. 918.10(4), F.S., and earlier decisions on the point. . . . .
. . . one year or by fine not exceeding three thousand dollars, or by both such fine and imprisonment.” .“918.10 . . .
. . . Section 918.10(4), Florida Statutes, F.S.A., provides that in a criminal case no party may assign as . . .
. . . Section 918.10, F.S.A., wherein it is declared that “the presiding judge shall charge the jury only upon . . . Section 918.10, F.S.A. and even intimate that some significance should be given to the fact that the . . . Section 918.10, F.S.A. . . .
. . . Section 918.10(4), Florida Statutes, F.S.A. . . . with such basic invalidity as to lead to a reversal regardless of a timely objection under Section 918.10 . . .
. . . of the failure of the defendant below to raise such objections as required under Florida Statutes, § 918.10 . . . Florida Statutes, § 918.10, F.S.A.— Charge to jury; request for instructions, provides: “(1) The presiding . . . such is required when an objection is made to the giving or failure to give an instruction, F.S.A. § 918.10 . . . this-matter because he did not obj ect to the trial court’s action as he was required to do by section 918.10 . . .
. . . . § 918.10(4), F.S.A., he may not now complain. . . .
. . . Florida Statutes, § 918.10, F.S.A., Charge to jury; request for instructions, provides: “(1) The presiding . . . appeal complain of instructions given or refused where no objections were made pursuant to F.S.A. § 918.10 . . . Section 918.10(4), Florida Statutes, F. S.A. . . . That there is no obligation to consider this point is obvious from an examination of Sec. 918.10(4), . . . State, 1948, 160 Fla. 626, 36 So.2d 207, in construing Section 918.10, Florida Statutes, F.S.A., which . . .
. . . Sec. 918.10(4), F.S.A. Brunke v. State, 100 Fla. 43, 33 So.2d 226. . . .