In re Standard Jury Instructions in Criminal Cases—Report 2011-01

Summary

This document is a per curiam opinion of the Supreme Court of Florida authorizing amendments to standard criminal jury instructions concerning fleeing or eluding a law enforcement officer and aggravation of a felony. The amended instructions were authorized for publication and use, effective when the opinion became final.

Holdings

1. The court authorized the amended criminal jury instructions concerning fleeing or eluding a law enforcement officer and aggravation of a felony for publication and use, as set forth in the appendix.
2. Instruction 3.3(e) was modified to provide that the defendant must have personally worn the hood, mask, or other device concealing the defendant's identity.

Questions Presented

1. Whether the Supreme Court of Florida should authorize the proposed amendments to the standard criminal jury instructions for publication and use.
2. Whether instruction 3.3(e), concerning aggravation of a felony by wearing a hood, mask, or other device to conceal identity, should be modified to require that the defendant personally wore the device.

Disposition

approved