In Re: Standard Jury Instructions in Criminal Cases-Report 2017-01
228 So. 3d 87
| Fla. | 2017Background
- The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submitted proposed amendments to several Florida criminal jury instructions and requested authorization for publication and use.
- The Court has jurisdiction under Art. V, § 2(a), Fla. Const., and considered the Committee’s Report 2017-01.
- Proposed amendments affect Instruction 3.6(o) (Transferred Intent) and Instructions 11.17(a)–(d) (various offenses under § 847.0135 concerning soliciting and traveling to meet minors using computer services/devices).
- The Committee published proposals for comment but received none; the Court did not publish the proposals after filing.
- The Court approved the Committee’s proposed amendments with a technical correction to 3.6(o), authorized the amended instructions for publication and use, and noted the authorization does not express opinion on correctness or preclude challenges or alternative instructions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Wording of transferred-intent instruction (3.6(o)) | Amend language to be broadly usable in all applicable cases (replace “but instead” with “and in the process,” change “the” to “any,” remove “actually”). | No opposition in record; no comments received. | Court adopted Committee’s wording changes and updated the instruction’s comment with relevant case law. |
| Whether transferred intent applies to attempted first-degree murder | Committee noted case law distinctions and updated comment to reflect limits. | N/A in this proceeding (discussion in comments reflects divergent appellate decisions). | Court retained comment explaining transferred intent may not apply to attempted first-degree murder and cited conflicting district court authority. |
| Addition of lesser-included offense for 11.17(a)–(d) | Add Unlawful Use of a Two-Way Communications Device (§ 934.215) as a Category Two lesser included offense. | No opposition in record. | Court authorized adding the two-way-communications-device offense as a category-two lesser included offense. |
| Conformity of statutory language in 11.17(b) | Add “Legal Guardian, or Custodian” to mirror statute § 847.0135(3)(b) and the instruction title. | No opposition in record. | Court approved insertion to align instruction with statutory phrasing and title. |
Key Cases Cited
- State v. Brady, 745 So. 2d 954 (Fla. 1999) (discusses doctrine of transferred intent)
- Nelson v. State, 853 So. 2d 563 (Fla. 4th DCA 2003) (applies transferred-intent principles)
- Mordica v. State, 618 So. 2d 301 (Fla. 1st DCA 1993) (rejected that transferred intent applies only when defendant entirely misses intended victim)
- Bell v. State, 768 So. 2d 22 (Fla. 1st DCA 2000) (held transferred intent may not apply to attempted first-degree murder)
- Frederick v. State, 93 So. 3d 445 (Fla. 4th DCA 2012) (held giving transferred-intent instruction was not fundamental error in certain attempted murder context)
- Lakey v. State, 113 So. 3d 90 (Fla. 5th DCA 2013) (definition-related discussion cited in instructional comments)