Florida statute
Fla. Stat. § 924.34 — When evidence sustains only conviction of lesser offense
Current through 2025 Florida Statutes
Part of Chapter 924: Criminal Appeals and Collateral Review, Florida Statutes.
Full text of Fla. Stat. § 924.34
Statutory text current through the 2025 Florida Statutes. This publication reproduces the official statutory text; it is not the official statutes of the State of Florida.
When the appellate court determines that the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of a lesser statutory degree of the offense or a lesser offense necessarily included in the offense charged, the appellate court shall reverse the judgment and direct the trial court to enter judgment for the lesser degree of the offense or for the lesser included offense.
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