WHEN EVIDENCE SUSTAINS ONLY CONVICTION

OF LESSER OFFENSE When the offense is divided into degrees or necessarily includes lesser offenses and the court, on a motion for new trial, is of the opinion that the evidence does not sustain the verdict but is sufficient to sustain a finding of guilt of a lesser degree or of a lesser offense necessarily included in the one charged, the court shall not grant a new trial but shall find or adjudge the defendant guilty of the lesser degree or lesser offense necessarily included in the Florida Rules of Criminal Procedure January 1, 2026 245 charge, unless a new trial is granted by reason of some other prejudicial error. Committee Notes 1968 Adoption. Substantially the same as section 920.06, Florida Statutes. 1972 Amendment. Same as prior rule.