Printer Friendly

Amendments to criminal jury instructions.

The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following amended instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following:
28.4    -- LEAVING THE SCENE OF A CRASH INVOLVING [DEATH] [SERIOUS
           BODILY INJURY] [INJURY]

28.8(b) -- AGGRAVATED FLEEING OR ELUDING

28.8(c) -- AGGRAVATED FLEEING OR ELUDING

28.8(d) -- AGGRAVATED FLEEING OR ELUDING

28.8(e) -- AGGRAVATED FLEEING OR ELUDING


The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in either electronic format or hard copy on or before August 31, 2015. The committee will review all comments received in response to the above proposal at its next meeting and will consider amendments based upon the comments received. Upon final approval of the instruction, the committee will make a recommendation to the Florida Supreme Court. File your comments electronically to CrimJuryInst@flcourts.org, in the format of a Word document. If you cannot file electronically, mail a hard copy of the comment to Standard Jury Instructions Committee in Criminal Cases, c/o Bart Schneider. General Counsel's Office. Office of the State Courts Administrator. 500 S. Duval Street. Tallahassee 32399-1900.

28.4 LEAVING THE SCENE OF A CRASH INVOLVING [DEATH] [SERIOUS BODILY INJURY] [INJURY]

[section] 316.027(12). Fla. Stat.; [section] 316.062. Fla. Stat.

To prove the crime of Leaving the Scene of a Crash Involving [Death] [Injury], the State must prove the following four elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash or accident occurring on public or private property resulting in [injury to] [death of] any person.

2. (Defendant) knew that [he] [she] was involved in a crash or accident.

Give 3a if death is charged or 3b if injury or serious bodily injury is charged.

3. a. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to or death of the person.

b. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to the person.

Give 4a. 4b, or both as applicable.

4. a. (Defendant) willfully failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given "identifying information" to the [injured person] [driver] [occupant] [person attending the vehicle] and to any police officer investigating the crash or accident.

[or]

b. (Defendant) willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

If the State proves that the defendant willfully failed to give any part of the "identifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Give if serious bodily injury is charged. [section] 316.027(1)(a). Fla. Stat.: [section] 316.027(2)(b). Fla. Stat.

If you find that (defendant) committed the crime of Leaving the Scene of a Crash Involving Injury, you must then determine whether the State proved beyond a reasonable doubt that the injury was a serious bodily injury.

"Serious bodily injury" means an injury to a person, including the driver, which consists of a physical condition that creates a substantial risk of death, serious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

Enhancement. Give when the State alleged the victim was a "vulnerable road user." [section] 316.027(2) (f). Fla. Stat.

If you find that (defendant) committed the crime of Leaving the Scene of a Crash Involving [Death] [Serious Bodily Injury] [or] [Injury]. you must then determine whether the State proved beyond a reasonable doubt that the [injured person] [person who died] was:

[a pedestrian].

[actually engaged in work upon a highway],

[actually engaged in work upon utility facilities along a highway].

[engaged in the provision of emergency services within the right-of-way],

[operating a [bicycle] [motorcycle] [scooter] [moped] lawfully on the roadway].

[riding an animal],

[lawfully operating [a farm tractor or similar vehicle designed primarily for farm use] [a skateboard] [roller-skates] [in-line skates] [a horse-drawn carriage] [an electric personal assistive mobility device] [a wheelchair] on [a public right-of-way] [crosswalk] [shoulder of the roadway]].

Definitions. Give as applicable. [begin strikethrough]Fla. Stat. $ 316.003(75).[end strikethrough]

[section] 316.003(75). Fla. Stat.

A "vehicle" is any device in, upon, or by which any person or property is, or may be, transported or drawn upon a highway, except devices used exclusively upon stationary rails or tracks.

[section] 316.062. Fla. Stat.

"Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or permit to drive.

"Reasonable assistance" includes carrying or making arrangements to carry the injured person to a physician or hospital for medical treatment.

Patterson v. State, 512 So. 2d 1109 (Fla. 1stst DCA 1987).

"Willfully" means knowingly, intentionally and purposely.

If the "vulnerable road user" enhancement is given, insert applicable definitions from [section]316.003. Fla. Stat.

28.8(b) AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Serious Bodily Injury. Injury or Death then Causing Serious Bodily Injury or Death)

[section] 316.1935(4)(b) and [section] 316.027. Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash or accident occurring on public or private property resulting in [serious bodily injury to] [injury to] [the death of] any person.

2. (Defendant) knew that [he] [she] was involved in a crash or accident.

Give 3a if death is charged or 3b if injury is charged.

3. a. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to or death of the person.

b. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to the person.

Give 4a or 4b or both as applicable.

4. (Defendant)

a. willfully failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given "identifying information" to the [injured person] [driver] [occupant] [person attending the vehicle or other damaged property] and to any police officer investigating the crash or accident.

[or]

b. willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

5. A duly authorized law enforcement officer ordered (defendant) to stop.

6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]

7. As a result of (defendant) fleeing or eluding, [he] [she] caused [serious bodily injury to] [the death of] (name of victim).

[section] 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or accident or as close to the scene of the crash or accident_as possible and provide "identifying information."

If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the "identifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Enhancement. Give when the State alleged the victim was a "vulnerable road user." [section] 316.027(2)(f). Fla. Stat.

If you find that the State proved beyond a reasonable doubt that (defendant) committed elements #1-#4. you must then determine whether the State also proved beyond a reasonable doubt that the [injured person] [person who died] in element #1 was:

[a pedestrian].

[actually engaged in work upon a highway.,

[actually engaged in work upon utility facilities along a highway].

[engaged in the provision of emergency services within the right-of-way],

[operating a [bicycle] [motorcycle] [scooter] [moped] lawfully on the roadway].

[riding an animal],

[lawfully operating [a farm tractor or similar vehicle designed primarily for farm use] [a skateboard] [roller-skates] [in-line skates] [a horse-drawn carriage] [an electric personal assistive mobility device] [a wheelchair] on [a public right-of-way] [crosswalk] [shoulder of the roadway]].

Definitions. Give as applicable.

Patterson v. State, 512 So. 2d 1109 (Fla. 1rtst DCA 1987).

"Willfully" means intentionally, knowingly, and purposely.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 316.062. Fla. Stat.

" Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or perm it to drive.

"Reasonable assistance" includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 31 6.003(75). Fla. Stat.

"Vehicle" means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

[section] 316.027(1)(a), Fla. Stat.

"Serious bodily injury" means an injury to a person [including the driver.] which consists of a physical condition that creates a substantial risk of death, serious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

28.8(c) AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death)

[section] 316.1935(4)(b) and [section] 316.061. Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash or accident.

2. The crash or accident resulted only in damage to a vehicle or other property.

3. The [vehicle] [other property] was [driven] [attended] by [a person] [(name of person)].

4. (Defendant) failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given "identifying information" to the [driver or occupant of the damaged vehicle] [person attending the damaged vehicle or property] [and to any police officer at the scene of the crash or accident or who is investigating the crash or accident.

5. A duly authorized law enforcement officer ordered (defendant) to stop.

6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].

7. As a result of (defendant) fleeing or eluding, [he] she] caused [serious bodily injury to] [the death of] (name of victim).

If the State proves beyond a reasonable doubt that the defendant failed to give any part of the "identifying information," the State satisfies this element of the offense.

Definitions.

Patterson v. State, 512 So. 2d 1109 (Fla. 1stst DCA 1987).

"Willfully" means intentionally, knowingly, and purposely.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 316.062(1). Fla. Stat.

"Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or permit to drive.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 31 6.003(75). Fla. Stat.

"Vehicle" means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

28.8(d) AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Serious Bodily Injury. Injury or Death then Causing Injury or Property Damage to Another)

[section] 316.1935(4)(a) and [section] 316.027 Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash or accident occurring on public or private property resulting in [serious bodily injury to] [injury to] [the death of] any person.

2. (Defendant) knew that [he] [she] was involved in a crash or accident.

Give 3a if death is charged or 3b if injury is charged.

3. a. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to or death of the person.

b. (Defendant) knew, or should have known from all of the circumstances, including the nature of the crash or accident, of the injury to the person.

Give 4a or 4b or both as applicable.

4. (Defendant)

a. willfully failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given "identifying information" to the [injured person] [driver] [occupant] [person attending the vehicle or other damaged property] and to any police officer investigating the crash or accident.

[or]

b. willfully failed to render "reasonable assistance" to the injured person if such treatment appeared to be necessary or was requested by the injured person.

5. A duly authorized law enforcement officer ordered (defendant) to stop.

6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer.]

7. As a result of (defendant) fleeing or eluding, [he] [she] caused [an injury to] [damage to the property of] (name of victim).

[section] 316.027, Fla. Stat.

A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or accident or as close to the scene of the crash or accident as possible and provide "identifying information."

If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the "identifying information" or willfully failed to give reasonable assistance, the State satisfies this element of the offense.

Enhancement. Give when the State alleged the victim was a "vulnerable road user." [section] 316.027(2) (f). Fla. Stat.

If you find that the State proved beyond a reasonable doubt that (defendant) committed elements #1-#4. You must then determine whether the State also proved beyond a reasonable doubt that the [injured person] [person who died] in element #1 was:

[a pedestrian].

[actually engaged in work upon a highway],

[actually engaged in work upon utility facilities along a highway].

[engaged in the provision of emergency services within the right-of-way],

[operating a [bicycle] [motorcycle] [scooter] [moped] lawfully on the roadway].

[riding an animal],

[lawfully operating [a farm tractor or similar vehicle designed primarily for farm use] [a skateboard] [roller-skates] [in-line skates] [a horse-drawn carriage] [an electric personal assistive mobility device] [a wheelchair] on [a public right-of-way] [crosswalk] [shoulder of the roadway]].

Definitions. Give as applicable.

Patterson v. State, 512 So. 2d 1109 (Fla. 1stst DCA 1987).

"Willfully" means intentionally, knowingly, and purposely.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 316.062. Fla. Stat.

"Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or permit to drive.

"Reasonable assistance" includes carrying or making arrangement to carry the injured person to a physician or hospital for medical treatment.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 31 6.003(75). Fla. Stat.

"Vehicle" means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

[section] 316.027(1)(a). Fla. Stat.

"Serious bodily injury" means an injury to a person [including the driver,] which consists of a physical condition that creates a substantial risk of death, serious disfigurement, or protracted loss or impairment of the function of a bodily member or organ.

28.8(e) AGGRAVATED FLEEING OR ELUDING

(Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another)

[section] 316.1935(4)(a) and [section] 316.061. Fla. Stat.

To prove the crime of Aggravated Fleeing or Eluding, the State must prove the following seven elements beyond a reasonable doubt:

1. (Defendant) was the driver of a vehicle involved in a crash or accident.

2. The crash or accident resulted only in damage to a vehicle or other property.

3. The [vehicle] [other property] was [driven] [attended] by [a person] [(name of person)].

4. (Defendant) failed to stop at the scene of the crash or accident or as close to the crash or accident as possible and remain there until [he] [she] had given "identifying information" to the [driver or occupant of the damaged vehicle] [person attending the damaged vehicle or property] [and to any police officer at the scene of the crash or accident or who is investigating the crash or accident],

5. A duly authorized law enforcement officer ordered (defendant) to stop.

6. (Defendant), knowing [he] [she] had been ordered to stop by a law enforcement officer, [willfully refused or failed to stop [his] [her] vehicle in compliance with the order to stop] [and after having stopped in knowing compliance with the order to stop, willfully fled in a vehicle in an attempt to elude the law enforcement officer].

7. As a result of (defendant) fleeing or eluding, [he] [she] caused [injury to] [damage to the property of] (name of victim).

If the State proves beyond a reasonable doubt that the defendant failed to give any part of the "identifying information," the State satisfies this element of the offense.

Definitions.

Patterson v. State, 512 So. 2d 1109 (Fla. 1st DCA 1987).

"Willfully" means intentionally, knowingly, and purposely.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 316.062(1). Fla. Stat.

"Identifying information" means the name, address, vehicle registration number, and, if available and requested, the exhibition of the defendant's license or perm it to drive.

[begin strikethrough]Fla. Stat.[end strikethrough] [section] 316.003(75). Fla. Stat.

"Vehicle" means every device, in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.
                    Lesser Included Offenses

          LEAVING THE SCENE OF A CRASH INVOLVING DEATH
         [begin strikethrough]OR INJURY[end strikethrough]--
        316.027([begin strikethrough]1[end strikethrough]2)(c)

CATEGORY ONE               CATEGORY TWO      FLA. STAT.     INS. NO.

[begin                                     316.027(2)(b)    28.4
Strikethrough]None[end
Strikethrough]
Leaving the
Scene of a
Crash Involving
Serious Bodily
Injury *

Leaving the Scene of a                     316.027(2)(a)    28.4
Crash Involving Injury *

                           Attempt         777.04(1)        5.1

           LEAVING THE SCENE OF A CRASH INVOLVING SERIOUS
                   BODILY INJURY--316.027(2)(b)

CATEGORY ONE               CATEGORY TWO      FLA. STAT.     INS. NO.

Leaving the Scene of a                     316.027(2)(a)    28.4
Crash Involving Injury *

                           Attempt         777.04(1)        5.1

                          Comments

* In Williams v. State, 732 So. 2d 431 (Fla. 2d DCA 1999),
the court stated in dictum that Leaving the Scene of a Crash
Involving Injury is a necessarily lesser-included offense of
Leaving the Scene of a Crash Involving Death. In other
areas, however, where there is no issue that a person was
killed as a result of an incident giving rise to criminal
charges, non-death lessers are not appropriate. See, e.g.,
State v. Barritt, 531 So. 2d 338 (Fla. 1988); Humphrey v.
State, 690 So. 2d 1351 (Fla. 3d DCA 1997).

See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v.
Dumas, 700 So. 2d 1223 (Fla. 1997), and State v. Dorsett,
158 So. 3d 557 (Fla. 2015).

This instruction was adopted in 1995 [665 So. 2d 212] and
amended in 2008 [973 So. 2d 432], [begin strikethrough]and
[end strikethrough] 2015 [--So. 3d --], and 2016.

                    Lesser Included Offenses

                      AGGRAVATED FLEEING OR ELUDING
           (Leaving a Crash Involving [begin strikethrough]Injury
             or[end strikethrough] Death and then Causing Injury
               or Property Damage to Another)--316.1935(4)(a)
                           and 316.027(2)(c)

CATEGORY ONE              CATEGORY TWO      FLA.STAT.

Leaving Scene of a                         316.027(2)(c)
Crash Involving
Death *

Leaving Scene of                           316.027(2)(b)
Crash Involving
Serious Bodily
Injury *

Aggravated Fleeing                         316.1935(4)(a)

[begin                                     [begin
Strikethrough]Fleeing                      strikethrough]316.1935
to Elude LEO[end                           (1)[end strikethrough]
strikethrough]

[begin                                     [begin
Strikethrough]Leaving                      strikethrough]316.027
Scene of a Crash                           (1)(b)[end strikethrough]
Involving Death[end
Strikethrough]

Leaving Scene of a                         316.027[begin
Crash Involving                            strikethrough](1)(a)[end
Injury *                                   strikethrough[(2)(a)

Fleeing to Elude LEO                       316.1935(1)

                         Fleeing to        316.1935(3)(b)
                         Elude LEO

                         Fleeing to        316.1935(3)(a)
                         Elude LEO

                         Fleeing to        316.1935(2)
                         Elude LEO

Reckless Driving (if                       316.192(1)(b)
there was evidence
that the fleeing was
in a motor vehicle)

                         Disobedience to   316.072(3)
                         Police or Fire
                         Department
                         Officials

                         INS. NO.

Leaving Scene of a       28.4
Crash Involving
Death *

Leaving Scene of         28.4
Crash Involving
Serious Bodily
Injury *

Aggravated Fleeing       28.84

[begin                   [begin
strikethrough>Fleeing    strikethrough]28.6[end
to Elude LEO[end         strikethrough]
strikethrough>

[begin                   [begin
strikethrough>Leaving    strikethrough]28.4[end
Scene of a Crash         strikethrough]
Involving Death[end
strikethrough>

Leaving Scene of a       28.4
Crash Involving
Injury *

Fleeing to Elude LEO     28.6

                         28.81

                         28.8

                         28.7

Reckless Driving (if     28.5
there was evidence
that the fleeing was
in a motor vehicle)

                         28.18

                          Comments

* [section] 316.1935(4), Fla. Stat., states that a person
may be charged with both Aggravated Fleeing or Eluding and
Leaving the Scene of a Crash Involving Death, Serious Bodily
Injury, or Injury. Therefore, if a Leaving the Scene crime
is charged as a separate count, then Leaving the Scene
should not be given as a lesser-included offense of
Aggravated Fleeing or Eluding.

For the category two lesser included offense of Disobedience
to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA
2010).

See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v.
Dumas, 700 So. 2d 1223 (Fla. 1997), and State v. Dorsett,
158 So. 3d 557 (Fla. 2015).

This instruction was adopted in 2008 [976 So. 2d 1081] and
amended in 2011 [73 So. 3d 136], [begin
strikethrough>and[end strikethrough] 2015 [--So. 3d--], and
2016.

                      Lesser Included Offenses

                     AGGRAVATED FLEEING OR ELUDING
(Leaving a Crash Involving Damage to a Vehicle or Property then
                  Causing Serious Bodily Injury or Death)
                          --316.1935(4)(b) and 316.061

CATEGORY ONE         CATEGORY TWO           FLA.STAT.       INS. NO.

Aggravated Fleeing                          316.1935(4)(a)  28.85

Fleeing to Elude                            316.1935(1)     28.6
LEO

Leaving the Scene                           316.061         28.4(a)
of a Crash
Involving Damage
to Vehicle or
Property *

                     Fleeing to Elude LEO   316.1935(3)(b)  28.81

                     Fleeing to Elude LEO   316.1935(3)(a)  28.8

                     Fleeing to Elude LEO   316.1935(2)     28.7

Reckless Driving                            316.192(1)(b)   28.5
(if there was
evidence that the
fleeing was in a
motor vehicle)

                     Disobedience to        316.072(3)      28.18
                     Police or Fire
                     Department Officials

                          Comments

* [section] 316.1935(4). Fla. Stat., states that a person
may be charged with both Aggravated Fleeing or Eluding and
Leaving the Scene of a Crash Involving Damage to Attended
Property. Therefore, if Leaving the Scene is charged as a
separate count, then Leaving the Scene should not be given
as a lesser-included offense of Aggravated Fleeing or
Eluding.

For the category two lesser included offense of Disobedience
to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA
2010).

This instruction was adopted in 2008 [976 So. 2d 1081] and
amended in 2011 [73 So. 3d 136], [begin strikethrough]and
[end strikethrough] 2015 [--So. 3d --], and 2016.

                    Lesser Included Offenses

                      AGGRAVATED FLEEING OR ELUDING
           (Leaving a Crash Involving [begin strikethrough]Injury
             or[end strikethrough] Death and then Causing Injury
               or Property Damage to Another)--316.1935(4)(a)
                         and [section] 316.027(2)(c)

CATEGORY ONE              CATEGORY TWO      FLA.STAT.

Leaving Scene of a                         316.027(2)(c)
Crash Involving
Death *

Leaving Scene of                           316.027(2)(b)
Crash Involving
Serious Bodily
Injury *

[begin                                     [begin
strikethrough]Fleeing                      strikethrough]316.1935
to Elude LEO[end                           (1)[end strikethrough]
strikethrough]

[begin                                     [begin
strikethrough]Leaving                      strikethrough]316.027
Scene of a Crash                           (1)(b)[end strikethrough]
Involving Death[end
strikethrough]

Leaving Scene of a                         316.027[begin
Crash Involving                            strikethrough](1)(a)[end
Injury *                                   strikethrough](2)(a)

Fleeing to Elude LEO                       316.1935(1)

                         Fleeing to        316.1935(3)(b)
                         Elude LEO

                         Fleeing to        316.1935(3)(a)
                         Elude LEO

                         Fleeing to        316.1935(2)
                         Elude LEO

Reckless Driving (if                       316.192(1)(b)
there was evidence
that the fleeing was
in a motor vehicle)

                         Disobedience to   316.072(3)
                         Police or Fire
                         Department
                         Officials

                         INS. NO.

Leaving Scene of a       28.4
Crash Involving
Death *

Leaving Scene of         28.4
Crash Involving
Serious Bodily
Injury *

[begin                   [begin
strikethrough]Fleeing    strikethrough]28.6[end
to Elude LEO[end         strikethrough]
strikethrough]

[begin                   [begin
strikethrough]Leaving    strikethrough]28.4[end
Scene of a Crash         strikethrough]
Involving Death[end
strikethrough]

Leaving Scene of a       28.4
Crash Involving
Injury *

Fleeing to Elude LEO     28.6

                         28.81

                         28.8

                         28.7

Reckless Driving (if     28.5
there was evidence
that the fleeing was
in a motor vehicle)

                         28.18

                          Comments

* [section] 316.1935(4), Fla. Stat., states that a person may be
charged with both Aggravated Fleeing or Eluding and Leaving
the Scene of a Crash Involving Death, Serious Bodily Injury,
or Injury. Therefore, if a Leaving the Scene crime is
charged as a separate count, then Leaving the Scene should
not be given as a lesser-included offense of Aggravated
Fleeing or Eluding.

For the category two lesser included offense of Disobedience
to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA
2010).

See Mancuso v. State, 652 So. 2d 370 (Fla. 1995), State v.
Dumas, 700 So. 2d 1223 (Fla. 1997), and State v. Dorsett,
158 So. 3d 557 (Fla. 2015).

This instruction was adopted in 2008 [976 So. 2d 1081] and
amended in 2011 [73 So. 3d 136], 2015 [--So. 3d --], and
2016.

                     Lesser Included Offenses

                    AGGRAVATED FLEEING OR ELUDING
(Leaving A Crash Involving Damage to a Vehicle or Property then
             Causing Injury or Property Damage to Another)
                   --316.1935(4)(a) and 316.061

CATEGORY ONE         CATEGORY TWO          FLA.STAT.        INS. NO.

Fleeing to Elude                           316.1935(1)      28.6

LEO Leaving the                            316.061          28.4(a)
Scene of a Crash
Involving Damage
to Vehicle or
Property *

                     Fleeing to Elude LEO  316.1935(3)(b)   28.81

                     Fleeing to Elude LEO  316.1935(3)(a)   28.8

                     Fleeing to Elude LEO  316.1935(2)      28.7

Reckless Driving                           316.192(1)(b)    28.5
(if there was
evidence that the
fleeing was in a
motor vehicle)

                     Disobedience to       316.072(3)       28.18
                     Police or Fire
                     Department Officials

                          Comments

* [section] 316.1935(4). Fla. Stat., states that a person
may be charged with both Aggravated Fleeing or Eluding and
Leaving the Scene of a Crash Involving Damage to Attended
Property. Therefore, if Leaving the Scene is charged as a
separate count, then Leaving the Scene should not be given
as a lesser-included offense of Aggravated Fleeing or
Eluding.

For the category two lesser included offense of Disobedience
to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d
DCA2010).

This instruction was adopted in 2008 [976 So. 2d 1081] and
amended in 2011 [73 So. 3d 136], [begin strikethrough]and[end
strikethrough] 2015 [-So. 3d-], and 2016.
COPYRIGHT 2015 Florida Bar
No portion of this article can be reproduced without the express written permission from the copyright holder.
Copyright 2015 Gale, Cengage Learning. All rights reserved.

Article Details
Printer friendly Cite/link Email Feedback
Title Annotation:Notice
Publication:Florida Bar News
Date:Aug 1, 2015
Words:4698
Previous Article:Disciplinary actions.
Next Article:Family Law Rules Committee out-of-cycle amendments.

Terms of use | Privacy policy | Copyright © 2019 Farlex, Inc. | Feedback | For webmasters