Amendments to criminal jury instructions

first_img Comments For the category two lesser included offense of Obedience 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 2011. 28.84 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Injury or Death then Causing Injury or Property Damage to Another) § 316.1935(4)(a) and § 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: None FLA.STAT. Leaving Scene of Accident Involving Death316.027(1)(b)28.4 CATEGORY ONE Obedience to Police and Fire Department Officials316.072(3) CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Injury or Death and then Causing Serious Injury Bodily Injury or Death) – 316.1935(4)(b) and 316.027 Fleeing to Elude LEO316.1935(3)(a)28.8 Fleeing to Elude LEO316.1935(3)(b)28.81 None Obedience to Police and Fire Department Officials316.072(3) intentionally inflicted [physical][or] [mental] injury upon (victim) . (Victim) was under the age of 18 years. Parental affirmative defense. Give if applicable. See Raford v. State, 828 So. 2d 1012 (Fla. 2002). § 827.03 Fla. Stat. and case law are silent as to 1) which party bears the burden of persuasion of the affirmative defense and 2) the standard for the burden of persuasion. Under the common law, defendants had both the burden of production and the burden of persuasion on affirmative defenses by a preponderance of the evidence. The Florida Supreme Court has often decided, however, that once a defendant meets the burden of production on an affirmative defense, the burden of persuasion is on the State to disprove the affirmative defense beyond a reasonable doubt (e.g., self-defense and consent to enter in a burglary prosecution). In the absence of case law, trial judges must resolve the issue via a special instruction. See the opinions in Dixon v. United States, 548 U.S. 1 (2006) for further guidance. It is not a crime for [a parent] [a person who is acting as the lawful guardian] of a child to impose reasonable physical discipline on a child for misbehavior under the circumstances even though physical injury resulted from the discipline. ( Insert appropriate burden of persuasion to appropriate party.) Definitions, give as applicable. § 39.01(42), Florida Statutes. “ Mental injury” means any injury to the intellectual or psychological capacity of a child as evidenced by a discernible and substantial impairment in the ability to function within the normal range of performance and behavior. Lesser Included Offenses Fleeing to Elude LEO316.1935(3)(b)28.81 This instruction was adopted in 1981 and amended in 1985, 1989, and 2002 , and 2011. Battery; only under certain circumstances. See Kama v. State, 507 So. 2d 154 (Fla. 1st DCA 1987) 784.038.3 812.019(1)14.2 January 15, 2011 Notices Give 3a if death is charged or 3b if injury is charged. 3. a. (Defendant) knew or should have known of the injury to or death of the person. CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. INS. NO. Petit theft — first degree812.014(2)(e) actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in [physical] [or] [mental] injury to (victim) . Fleeing to Elude LEO316.1935(2)28.7 Fleeing to Elude LEO316.1935(1)28.6 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 None Fleeing to elude316.1935(1)28.6 CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Comment Lesser Included Offenses Reckless Driving316.19228.5 28.6 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER § 316.1935(1), Fla. Stat. To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) was operating a vehicle upon a street or highway in Florida. 2. A duly authorized law enforcement officer ordered the defendant to stop or remain stopped. Give 3a or 3b as applicable. 3. (Defendant) , knowing [he] [she] had been directed ordered to stop by a duly authorized law enforcement officer, 1. ( Defendant ) was the driver of a vehicle involved in a crash resulting in [injury to] [the death of] any person. 2. ( Defendant ) knew or should have known that [he] [she] was involved in a crash. Fleeing to Elude LEO316.1935(1)28.6 Fleeing to Elude LEO316.1935(1)28.6 Comment For the category two lesser included offense, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008 [976 So. 2d 1081] and 2011. 28.8 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER (Siren and lights activated with high speed or reckless driving) § 316.1935(3)(a), Fla. Stat. To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following four elements beyond a reasonable doubt: (Defendant) was operating a vehicle upon a street or highway in Florida. Give 2a or 2b as applicable 2. (Defendant) , knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer. a. willfully refused or failed to stop the vehicle in compliance with the order. b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. None 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. Definitions. “Willfully” means intentionally, knowingly, and purposely. “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. Lesser Included Offenses Dealing in stolen property The Supreme Court Committee on Standard Jury Instructions in Criminal Cases submits the following amended and new instructions to the Florida Standard Jury Instructions in Criminal Cases for comment. The committee proposes the following instructions:14.2 Dealing in Stolen Property (Fencing)14.3 Dealing in Stolen Property (Organizing)16.3 Child Abuse28.6 Fleeing to Elude a Law Enforcement Officer28.7 Fleeing to Elude a Law Enforcement Officer (Siren and lights activated)28.8 Fleeing to Elude a Law Enforcement Officer (Siren and lights activated with high speed or reckless driving)28.81 Fleeing to Elude a Law Enforcement Officer (Siren and lights activated with high speed or reckless driving causing serious bodily injury or death)28.82 Aggravated Fleeing Or Eluding (Leaving a Crash Involving Injury or Death then Causing Serious Bodily Injury or Death)28.83 Aggravated Fleeing Or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Serious Bodily Injury or Death)28.84 Aggravated Fleeing or Eluding (Leaving a Crash Involving Injury or Death then Causing Injury or Property Damage to Another)28.85 Aggravated Fleeing or Eluding (Leaving a Crash Involving Damage to a Vehicle or Property then Causing Injury or Property Damage to Another)The committee invites all interested persons to comment on the proposals, reproduced in full below. Comments must be received by the committee in both hard copy and electronic format on or before February 15. 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, in the format of a Word document. In addition, mail a hard copy of your comments 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. 14.2 DEALING IN STOLEN PROPERTY (FENCING) § 812.019(1), Fla. Stat. To prove the crime of Dealing in Stolen Property (Fencing), the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) [trafficked in] [endeavored to traffic in] (property alleged) . 2. (Defendant) knew or should have known that (property alleged) was stolen. Inferences. Give if applicable. § 812.022(2), Fla. Stat. Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen. Inferences. Give if applicable. § 812.022(3), Fla. Stat. Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen. Inferences. Give if applicable. § 812.022(4), Fla. Stat. Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen. Inferences. Give if applicable. § 812.022(5), Fla. Stat. Proof that a dealer who regularly deals in used property possesses stolen property, upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed, gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen. Inferences. Give if applicable. § 812.022(6), Fla. Stat. Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Give if jury is also instructed on theft for crime committed in same scheme or course of conduct. § 812.025, Fla. Stat. You will receive separate verdict forms for theft and dealing in stolen property, because the defendant is charged with both offenses. However, Florida law places limits on a jury’s authority to find the defendant guilty of both crimes. If you find beyond a reasonable doubt that the defendant committed both offenses but conclude that the offenses occurred in a single scheme or course of criminal conduct, you are permitted to find the defendant guilty of one of the offenses, but not both. I cannot assist you in making this choice other than to define what constitutes a single scheme or course of conduct. Offenses of theft and dealing in stolen property which involve a single item or group of item(s) are part of a single scheme or course of criminal conduct unless the offenses are purposefully interrupted by a period of time or series of events that unquestionably separates one offense from the other. See Hall v. State, 826 So. 2d 268, 271 (Fla. 2002); Toson v. State, 864 So. 2d 552, 555 (Fla. 4th DCA 2004). Definitions. § 812.012(3), Fla. Stat. “Property” means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. § 812.012(7), Fla. Stat. “Traffic” means: to sell, transfer, distribute, dispense or otherwise dispose of property; and to buy, receive, possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property. 3. The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. “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. “Willfully” means intentionally, knowingly, and purposely. Lesser Included Offenses Reckless Driving316.19228.5 4. During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. “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. “Willfully” means intentionally, knowingly, and purposely. Lesser Included Offenses Fleeing to Elude LEO316.1935(3)(a)28.8 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER — 316.1935(1) Attempt777.04(1)5.1 CATEGORY ONE INS. NO. FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER — 316.1935 (3)(a) CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Lesser Included Offenses Fleeing to Elude LEO316.1935(3)(b)28.81 Fleeing to elude316.1935(3)(a)28.8 willfully refused or failed to stop the vehicle in compliance with the order having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. Comment For the category two lesser included offense of Obedience 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 2011. 28.82 AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Injury or Death then Causing Serious Bodily Injury or Death) § 316.1935(4)(b) and § 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 resulting in [injury to] [the death of] any person. 2. (Defendant) knew or should have known that [he] [she] was involved in a crash. Give 3a if death is charged or 3b if injury is charged. 3. a. (Defendant) knew or should have known of the injury to or death of the person. Obedience to Police and Fire Department Officials316.072(3) Obedience to Police and Fire Department Officials316.072(3) Leaving the Scene of a Crash Involving Damage to Vehicle or Property316.061N/A 5. As a result of ( defendant’s) fleeing or eluding at high speed or wanton disregard for safety, [he] [she] caused [the death of] [serious bodily injury to] [another person] [a law enforcement officer involved in pursuing or otherwise attempting to stop [his] [her] vehicle]. Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. “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. “Willfully” means intentionally, knowingly, and purposely. 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 ONECATEGORY TWOFLA. STAT.INS. NO. Fleeing to elude316.1935(1)28.6 Comment For the category two lesser included offense, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008 [976 So. 2d 1081] and 2011. 28.7 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER (Siren and lights activated) § 316.1935(2), Fla. Stat. To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following three elements beyond a reasonable doubt: 1. (Defendant) was operating a vehicle upon a street or highway in Florida. Give 2a or 2b as applicable. 2. (Defendant) , knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer. AGGRAVATED FLEEING OR ELUDING (Leaving a Crash Involving Injury or Death and then Causing Injury or Property Damage to Another) – 316.1935(4)(a) and § 316.027 DEALING IN STOLEN PROPERTY — TRAFFICKING — 812.019(1) FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER — 316.1935(1) CATEGORY ONE b. (Defendant) knew or should have known 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 as close to the crash 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. 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 ). I further instruct you that § 316.027, Fla. Stat. A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide “identifying information.” FLA.STAT. CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. 3. The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated. Comments For the category two lesser included offense of Obedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). This instruction was adopted in 2008 [ SC07-1851, January 10, 2008 976 So. 2d 1081 ] and 2011. 28.83 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, 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 resulting only in damage [to a vehicle] [to property other than a vehicle] which was driven or attended by a person. 2. (Defendant) knew or should have known that [he] [she] was involved in a crash. 3. (Defendant) knew or should have known of the damage to [the vehicle] [the attended property]. 4. (Defendant) willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given “identifying information” to the [driver] [person attending the damaged property] and to any police officer investigating the crash. 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) . Contributing to the dependency of a minor827.04(1)16.4 Fleeing to elude316.1935(2)28.7 Give 4a or 4b or both as applicable. 4. (Defendant) a. willfully failed to stop at the scene of the crash or as close to the crash 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. 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. Reckless Driving316.19228.5 Leaving Scene of Accident Involving Death 316.027(1)(b)28.4 Obedience to Police and Fire Department Officials316.072(3) committed an intentional act that could reasonably be expected to result in [physical] [or] [mental] injury to (victim) . Amendments to criminal jury instructions Fleeing to Elude LEO316.1935(2)28.7 Amendments to criminal jury instructions Leaving the Scene of a Crash Involving Damage to Vehicle or Property316.061N/A NoneGrand theft — third degree812.014(2)(c) If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the “identifying information,” the State satisfies this element of the offense. Definitions. “Willfully” means intentionally, knowingly, and purposely. “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. Lesser Included Offenses INS. NO. CHILD ABUSE — 827.03(1) I further instruct you that § 316.061, Fla. Stat. A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide “identifying information.” Reckless driving316.19228.5 Fleeing to elude316.1935(2)28.7 INS. NO. Petit theft — second degree812.014(3)(a) CATEGORY TWO Reckless Driving316.19228.5 b. (Defendant) knew or should have known of the injury to the person. If the State proves beyond a reasonable doubt that the defendant willfully failed to give any part of the “identifying information,” the State satisfies this element of the offense. Definitions. “Willfully” means intentionally, knowingly, and purposely. “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. Lesser Included Offenses CATEGORY TWO Obedience to Police and Fire Department Officials316.072(3) Reckless driving316.19228.5 Fleeing to Elude LEO316.1935(3)(b)28.81 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.] Aggravated Fleeing 316.1935(4)(a)28.85 3. The law enforcement officer was in an authorized law enforcement patrol vehicle with agency insignia and other jurisdictional markings prominently displayed on the vehicle and with siren and lights activated. FLA.STAT. Fleeing to elude316.1935(1)28.6 7. As a result of ( defendant ) fleeing or eluding, [he] [she] caused [an injury to] [damage to the property of] (name of victim ). a. willfully refused or failed to stop the vehicle in compliance with the order b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. Obedience to Police and Fire Department Officials316.072(3) Comment 28.81 FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER (Siren and lights activated with high speed or reckless driving causing serious bodily injury or death) § 316.1935(3)(b), Fla. Stat. To prove the crime of Fleeing to Elude a Law Enforcement Officer, the State must prove the following five elements beyond a reasonable doubt: 1. (Defendant) was operating a vehicle upon a street or highway in Florida. Give 2a or 2b as applicable . 2. (Defendant) , knowing [he] [she] had been directed to stop by a duly authorized law enforcement officer, willfully fled in a vehicle in an attempt to elude a law enforcement officer. a. willfully refused or failed to stop the vehicle in compliance with the order. b. having stopped the vehicle, willfully fled in a vehicle in an attempt to elude the officer. DEALING IN STOLEN PROPERTY — MANAGING AND TRAFFICKING — 812.019(2) Aggravated Fleeing 316.1935(4)(a)28.84 CATEGORY TWO This instruction was adopted in 1981 and amended in 1989 [543 So.2d 1205], and in 2007, by adding the Inferences in § 812.022(2)-(6), Fla. Stat. and 2011. 16.3 CHILD ABUSE § 827.03(1), Fla._Stat. To prove the crime of Child Abuse, the State must prove the following two elements beyond a reasonable doubt: (Defendant) knowingly or willfully: Give as applicable. Leaving Scene of Accident Involving Injury316.027(1)(a)28.4 Leaving Scene of Accident Involving Injury316.027(1)(a)28.4 I further instruct you that § 316.027, Fla. Stat. A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide “identifying information.” FLEEING TO ELUDE A LAW ENFORCEMENT OFFICER — 316.1935(3)(b) Fleeing to Elude LEO316.1935(2)28.7 CATEGORY TWO Fleeing to Elude LEO316.1935(1)28.6 Comments For the category two lesser included offense of Obedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). This instruction was adopted in 2008 [ SC07-1851, January 10, 2008 976 So. 2d 1081 ] and 2011. 28.85 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, 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 resulting only in damage [to a vehicle] [to property other than a vehicle] which was driven or attended by a person. 2. (Defendant) knew or should have known that [he] [she] was involved in a crash. 3. (Defendant) knew or should have known of the damage to [the vehicle] [the attended property]. 4. (Defendant) willfully failed to stop at the scene of the crash or as close to the crash as possible and remain there until [he] [she] had given “identifying information” to the [driver][person attending the damaged property] and to any police officer investigating the crash. 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) . CATEGORY ONE I further instruct you that § 316.061, Fla. Stat. A driver has the legal duty to immediately stop [his] [her] vehicle at the scene of the crash or as close to the scene of the crash as possible and provide “identifying information.” Fleeing to Elude LEO316.1935(3)(a)28.8 4. During the course of the fleeing or the attempt to elude, (defendant) drove at high speed or in any manner demonstrating a wanton disregard for the safety of persons or property. This instruction was adopted in 1981 and amended in 1989 [543 So.2d 1205], and in 2007, by adding the Inferences in § 812.022(2)-(6), Fla. Stat. and 2011. 14.3 DEALING IN STOLEN PROPERTY (ORGANIZING) § 812.019(2), Fla.Stat. To prove the crime of Dealing in Stolen Property (Organizing), the State must prove the following two elements beyond a reasonable doubt: 1. (Defendant) [initiated] [organized] [planned] [financed] [directed] [managed] [supervised] the theft of (property alleged) . 2. (Defendant) trafficked in the (property alleged) . Inferences. Give if applicable. § 812.022(2), Fla. Stat. Proof of possession of recently stolen property, unless satisfactorily explained, gives rise to an inference that the person in possession of the property knew or should have known that the property had been stolen. Inferences. Give if applicable. § 812.022(3), Fla. Stat. Proof of the purchase or sale of stolen property at a price substantially below the fair market value, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that the property had been stolen. Inferences. Give if applicable. § 812.022(4), Fla. Stat. Proof of the purchase or sale of stolen property by a dealer in property, out of the regular course of business or without the usual indicia of ownership other than mere possession, unless satisfactorily explained, gives rise to an inference that the person buying or selling the property knew or should have known that it had been stolen. Inferences. Give if applicable. § 812.022(5), Fla. Stat. Proof that a dealer who regularly deals in used property possesses stolen property, upon which a name and phone number of a person other than the offeror of the property are conspicuously displayed, gives rise to an inference that the dealer possessing the property knew or should have known that the property was stolen. Inferences. Give if applicable. § 812.022(6), Fla. Stat. Proof that a person was in possession of a stolen motor vehicle and that the ignition mechanism of the motor vehicle had been bypassed or the steering wheel locking mechanism had been broken or bypassed, unless satisfactorily explained, gives rise to an inference that the person in possession of the stolen motor vehicle knew or should have known that the motor vehicle had been stolen. Give if jury is also instructed on theft for crime committed in same scheme or course of conduct. § 812.025, Fla. Stat. You will receive separate verdict forms for theft and dealing in stolen property, because the defendant is charged with both offenses. However, Florida law places limits on a jury’s authority to find the defendant guilty of both crimes. If you find beyond a reasonable doubt that the defendant committed both offenses but conclude that the offenses occurred in a single scheme or course of criminal conduct, you are permitted to find the defendant guilty of one of the offenses, but not both. I cannot assist you in making this choice other than to define what constitutes a single scheme or course of conduct. Offenses of theft and dealing in stolen property which involve a single item or group of item(s) are part of a single scheme or course of criminal conduct unless the offenses are purposefully interrupted by a period of time or series of events that unquestionably separates one offense from the other. See Hall v. State, 826 So. 2d 268, 271 (Fla. 2002); Toson v. State, 864 So. 2d 552, 555 (Fla. 4th DCA 2004). Definitions. § 812.012(3), Fla.Stat. “Property” means anything of value, and includes: real property, including things growing on, affixed to and found in land; tangible or intangible personal property, including rights, privileges, interests, and claims; and services. §§ 812.012(6), 812.028(3), Fla. Stat. “Stolen property” means property that has been the subject of any criminally wrongful taking or if the property has not been stolen, that it was offered for sale to (defendant) as stolen property. § 812.012(7), Fla. Stat. “Traffic” means: to sell, transfer, distribute, dispense or otherwise dispose of property; and to buy, receive, possess, obtain control of or use property with the intent to sell, transfer, distribute, dispense or otherwise dispose of that property. 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. Definitions. “Willfully” means intentionally, knowingly, and purposely. “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. Lesser Included Offenses CATEGORY ONECATEGORY TWOFLA. STAT.INS. NO. Comment Comment For the category two lesser included offense of Obedience to Police, see Koch v. State, 39 So. 3d 464 (Fla. 2d DCA 2010). This instruction was adopted in 2000 [765 So. 2d 692] and amended in 2008 [ 976 So 2d 1081] and 2011. Fleeing to Elude LEO316.1935(3)(a)28.8 Definitions. “Operator” means any person who is in actual physical control of a motor vehicle upon the highway [or who is exercising control over or steering a vehicle being towed by a motor vehicle]. “Street or highway” means the entire width between boundary lines of every way or place of whatever nature when any part thereof is open to the public for purposes of vehicular traffic. “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. “Willfully” means intentionally, knowingly, and purposely. Lesser Included Offenses No lesser included offenses have been identified for this offense. Fleeing to Elude LEO316.1935(2)28.7 Obedience to Police and Fire Department Officials316.072(3) FLA.STAT. Comments For the category two lesser included offense of Obedience 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 2011.last_img read more

Mariucci Arena renamed 3M Arena at Mariucci

first_imgThe athletics program and 3M have a 90-year relationship.“[Minnesota] is a key recruiting spot for us,” said 3M Chief Marketing Officer Paul Acito at the press conference. “It’s the kind of well-rounded leadership attributes we look for at 3M.”The Gophers’ men’s hockey game on Oct. 1 versus Alberta will be the first at the renamed facility. The Gophers are coming off a season where they finished 23-12-3. Minnesota lost in the Northeast Regional to Notre Dame, ending its season. Mariucci Arena renamed 3M Arena at MariucciNaming rights are included in 3M’s $11.2 million sponsorship.Anthony Kwan, Daily File PhotoThe University of Minnesota announced Monday that Mariucci Arena will now be called 3M Arena at Mariucci. The change accompanies the company’s $11.2 million sponsorship of Gopher Athletics and the Athletes Village. Jack WhiteJuly 10, 2017Jump to CommentsShare on FacebookShare on TwitterShare via EmailPrintMariucci Arena has been renamed to 3M Arena at Mariucci, the University announced Monday.3M’s sponsorship gives a 14-year, $11.2 million to the athletics program on top of the name change.“It’s been well received,” said Athletics Director Mark Coyle at a Monday press conference. “We were very deliberate in who our naming partner was going to be, and 3M represents everything that makes sense for us.”3M has also helped fund Athletes Village — the school’s new athletics facility still being built. Coyle said Athletes Village is expected to open in January 2018.last_img read more

CDC sees some signs of an early flu season

first_imgFlu activity in the United States continues to rise, and several markers are higher than normally seen this early in the flu season, the US Centers for Disease Control and Prevention (CDC) said yesterday in its weekly update.Three southeastern states are reporting high or widespread flu activity, and the CDC said it received reports of five more pediatric flu deaths. In its report, which covers the week ending Nov 18, the CDC also reported one more novel flu infection, an H1N1 variant (H1N1v).Globallly, flu activity in the Northern Hemisphere is rising, with H3N2 and influenza B the most frequently detected strains, the World Health Organization (WHO) said yesterday in an update.Flu builds steam in South, NortheastNationally, the percentage of clinic visits for flulike illness is still below the national baseline of 2.2%, but 4 of the CDC’s 10 regions are already at or above their regional baselines—an area that includes most of the South as well as several Northeastern states.At clinical labs, influenza A accounted for 83.4% of positive flu specimens, and, of subtyped influenza A samples, 78.1% were H3N2. Most viruses collected since May 21 are antigenically and genetically similar to cell-grown strains in the current flu vaccine.Surveillance on flu hospitalizations shows a cumulative overall rate of 1.4 per 100,000 people, with the highest rates in people 65 and older, followed by adults ages 50 to 64 and children younger than 5.Of the five pediatric flu deaths reported to the CDC, one was from the previous season. The others occurred in late October or November, two attributed to H3N2, one to 2009 H1N1, and one to an unsubtyped influenza A virus. So far five pediatric flu deaths have been reported for the current season.Two states—Louisiana and Mississippi—reported high flulike illness activity, a marker based on clinic visits. Geographic activity for flu was reported as widespread in two states: Louisiana and Oklahoma. Guam and six states (Arkansas, Georgia, Kentucky, Massachusetts, Mississippi, and South Carolina) reported regional spread.H1N1v infects IowanIn other US flu developments, the CDC said Iowa reported an H1N1v infection in an adult who had direct contact with pigs before symptoms began. The patient, who is younger than age 50, wasn’t hospitalized and has fully recovered.No human-to-human transmission was detected. The CDC said the illness marks the first H1N1v case in the United States for 2017 and brings the total number since 2005 to 21.So far this year, the CDC has received reports of 66 variant flu cases. Most involved H3N2v, though four were H1N2v. Among the patients infected with variant strains, 6 were hospitalized, and all have recovered.Northern Hemisphere flu riseIn its update yesterday, the WHO said that, as of Nov 12, flu activity rose slightly in temperate Northern Hemisphere zones, while temperate Southern Hemisphere areas have generally seen flu decline to interseasonal levels.In North America, a continuing increase in flu has been led by H3N2, while flu in Europe is still low, with H3N2 and influenza B as the dominant strains.Respiratory illness indicators are on the rise in some Central Asia countries, including Kazakhstan, Tajikistan, and Uzbekistan. In northern China, H3N2 activity has increased slightly in recent weeks, the WHO said.Globally, 67% of flu specimens tested were influenza A, and of subtyped influena A viruses, 79% were H3N2. Of influenza B viruses, 78% belonged the Yamagata lineage.See also:Nov 27 CDC weekly FluView reportNov 27 CDC flu situation updateNov 27 WHO global flu updatelast_img read more

NMDOT Tips To Stay Safe On Roads Over Holiday

first_imgNMDOT News: Last year at Christmas, 37 percent of fatal crashes involved alcohol. That number rose to 39 percent on New Year’s Eve. SANTA FE ― The National Safety Council (NSC) estimates as many as 278 people may be killed in crashes between Christmas and New Year’s Day. In addition, this year during Christmas and New Year’s Eve combined, more than 30,000 people could be seriously injured in crashes, according to the NSC. To make the holiday travel safer, NMDOT recommends:Buckling up;Designating a sober driver;Avoiding distracted driving, including hands-free;Getting plenty of sleep and taking regular breaks to avoid fatigue on long drives; andMaking sure your vehicle is properly maintained.last_img

Volleyball Quick Facts Now Available

first_img Share Tricia Tirabassi leads a young Argonaut team into the 2011 season (Photo by Jim Hogue) Volleyball Quick Facts Now Availablecenter_img PENSACOLA, Fla. – Quick Facts are now available for the 2011 University of West Florida volleyball season. The Quick Facts document gives fans and media a look ahead to the upcoming campaign and includes information on all 16 UWF volleyball student-athletes as well as a complete rundown of the 2011 schedule.The Argonauts return six letter-winners from last season’s roster, including All-GSC performers Tricia Tirabassi and Anna Stoecklein. Seven newcomers bolster the UWF ranks, including 2010 NJCAA All-American Haley Shackelford and Lipscomb transfer Amanda Rhein.West Florida had one of the most successful seasons in program history in 2010, going 30-7 with a 15-1 record against Gulf South Conference opponents. The Argonauts won their third consecutive GSC title and advanced to the NCAA Division II South Region championship match for the second time in school history.The 2011 UWF season begins on Sept. 2, when they take part in the UIndy Invitational in Indianapolis, Ind.2011 UWF VOLLEYBALL QUICK FACTSPrint Friendly Versionlast_img read more

Louie Bluie Music and Arts Festival deadline approaching

first_imgThe 12th Annual Louie Bluie Music and Arts Festival is less than two months away and final preparations are being made.  On Sept. 29, a multitude of musicians will take the stage. Among them will be festival favorite the Armstrong Legacy Trio, Sparky and Rhonda Rucker, Maggie Longmire, Robinella, Circus No. 9, Old City Buskers, Sigean, Candela, Smiley and the Lovedawg, Daje Morris, Boogertown Gap and Outlaw Ritual.Others performers are still being booked for the day long festival that celebrates acclaimed musician and artist Howard Armstrong who spent his earliest years in LaFollette.Along with music is the food village and the artisan’s village. Applications for space in those areas are still being taken. To participate as a food vendor, VISIT HERE.The registration deadline for food vendors is Saturday, Sept. 1. A for profit vendor must pay $200 and non-profit/church vendor will pay $100 to rent a space for the day.Artisan vendors and exhibitors are also encouraged to take part in the folk heritage celebration.The deadline to participate in that section of the village is Aug. 31.A booth fee of $60 per 10 x 10 ft. space will be charged and there is a two-space limit. Electricity is available at an additional cost of $15 per booth. The number of spaces with electricity is limited. For more information on vendor and exhibitor spaces or to check the status of an application, email [email protected] or call (423) 566-0329.  (WLAF NEWS PUBLISHED – 08/07/2018-6AM)Share this:FacebookTwitterlast_img read more

Time to say goodbye

first_imgBy Victoria Stone-Meadows More than 120 people attended the final official event at the much loved Clover Cottage in Berwick…[To read the rest of this story Subscribe or Login to the Gazette Access Pass] Thanks for reading the Pakenham Berwick Gazette. Subscribe or Login to read the rest of this content with the Gazette Digital Access Pass subscription.last_img

Intermediate Hurling Final 2018 – The Commentary

first_imgListen back to Niall Canavan and Conor Hayes on commentary from Duggan Park as Oranmore Maree defeated Kilconieron to win the 2018 Intermediate Hurling Championship… Audio Playerhttps://download-galwaybay.sharp-stream.com/2018%20IHC%20final%20Oran%20Maree%20v%20Kilconieron.mp300:0000:0000:00Use Up/Down Arrow keys to increase or decrease volume..print WhatsApp Facebook Twitter Emaillast_img

Tottenham stadium delay caused by dodgy electrical wiring, says contractor

first_imgTOTTENHAM’S new stadium opening has been delayed due to dodgy electric wiring, according to the building contractor.Spurs are not expected to move into the £850million venue until at least the end of October and will continue to use Wembley for their home matches.4 Spurs planned to play their first match at the stadium on September 15Credit: Alamy Live NewsMace chief executive Mark Reynolds has revealed that the ground is behind schedule because of wiring problems with the fire detection systems.Speaking to Building, he said: “Issues with critical safety systems were identified.”This is linked to the fire detection contractor encountering higher than usual electrical wiring faults.”And he took the chance to inform fans that the images of the unfinished stadium were misleading.4 3,800 workers were on site at the new Tottenham stadium last monthCredit: Alamy Live NewsHe added: “Many of the outstanding external elements of the build are cosmetic and are not required for the stadium to open for the first football game.”Follow up meetings continue to take place with trade contractors where the situation and planned timetable are being reviewed to rectify and re-test.”We shall then be in a better position to outline the revised timetable for opening.”[A cable net roof] requires all of the structure to be completed in order to begin.WHAT THE REFMMA fighter gets DQ’d in Abu Dhabi and tries to fight Brit ref Marc GoddardLIL ISSUEBoris Becker’s estranged wife begs his new girlfriend to ‘step away from my son’RETRACING STEPSJack Charlton’s granddaughter Emma Wilkinson ‘would love’ to visit IrelandROY RAGEFurious Roy Keane launched foul-mouthed rant at Pique over Fabregas friendshipPicturedTOP FORMBrazil icon Ronaldo soaks up sun with partner Celina Locks on yacht in FormenteraPicturedON THE PAOLPaolo Maldini shows off shredded physique at 52 while on holiday with wifeCHOPPER BOTHERJohn Terry ignores hol advice & travels to ‘off-limits’ Portugal by chopperprayer parkHundreds of Muslim worshipers celebrate Eid at Croke Park in historic ceremonyMAC BACK?Conor McGregor hints at stunning UFC comeback with ‘I accept’ postWALK THE LINStunning Olympic gymnast who posed for snap with McGregor hits out at critics4 The opening of the stadium has been delayed because of faulty wiringCredit: Splash News”The roof was always scheduled as one of the last activities and is now due to be substantially complete at the end of August.”Reynolds refused to confirm the total cost of the stadium, but it is believed to be more than double the £400m originally estimated.But he did reveal that 3,800 people were working on the project last month.Spurs have been using Wembley stadium, but it is unavailable in the week of the Carabao Cup third round.The club have now asked fans for their opinions on where to play the tie – if they are drawn at home.And they could face Manchester City on a churned-up NFL pitch if they move their October 28 clash back 24 hours.4 The contractor refused to reveal how much the whole project had costCredit: Alamy Live NewsHarry Kane breaks August hoodoo with goal for Tottenham against Fulhamlast_img read more