J
jojo32202
Guest
What is the name of your state? Florida
Question: Can a defendant be found guilty by a jury trial if the count reads as follows:
Count III
The Grand Jurors of the State of FLorida and county of Duval, empaneled and sworn to inquire and true presentment make in and for the county of Duval, upon their oaths, do present and charge that _defendant_ , on the ___ day of March, 1990, in the county of Duval and the State of FLorida, did attempt to unlawfully kill _victiu__ with a pistol, with premeditated design to effect the death of _victim_, a human being, and during the commission of the aforementioned Attempted First Degree Murder, the said _defendant_ carried or had in his possession a firearm to-wit: a pistol, contrary to provisions of section 782.04,777.04, and 775.087, Florida Statutes.
Comments and questions:
No where in this cout did _victim_ get shot, so what constitutes finding of Attempted second degree murder?
No where in the count show an attempt?
Can this stand?
Can a motion be filed on this?
Sentenced imposed in count III: Life H-O 775.084(4)(a)(1)(F.S. 1991)
Consective to count I and II. How can this be?
It's clear that _defendant only had a firarm in his possession on this count
_Defendant_ was found not guilty of count IV. But look how it reads.
Count IV
The Grand Jurors of the State of FLorida and county of Duval, empaneled and sworn to inquire and true presentment make in and for the county of Duval, upon their oaths, do present and charge that _defendant_ , on the ___ day of March, 1990, in the county of Duval and the State of FLorida, did attempt to unlawfully kill a human being, by shooting _Victim #2_ with a pistol, with premeditated design to effect the death of a human being, and during said commision of the aforementioned attempted First Degree Murder the said _defendant_ carried or had in his possession a firearm, to-wit: a pistol, contrary to the provisions of sections 782.04, 777.04, and 775.087, FL Statutes
Comments and Questions: On this count the _defendant_ was found not guilty; but victim #2 was shot. How could this be? Look how it reads.
Question: Can a defendant be found guilty by a jury trial if the count reads as follows:
Count III
The Grand Jurors of the State of FLorida and county of Duval, empaneled and sworn to inquire and true presentment make in and for the county of Duval, upon their oaths, do present and charge that _defendant_ , on the ___ day of March, 1990, in the county of Duval and the State of FLorida, did attempt to unlawfully kill _victiu__ with a pistol, with premeditated design to effect the death of _victim_, a human being, and during the commission of the aforementioned Attempted First Degree Murder, the said _defendant_ carried or had in his possession a firearm to-wit: a pistol, contrary to provisions of section 782.04,777.04, and 775.087, Florida Statutes.
Comments and questions:
No where in this cout did _victim_ get shot, so what constitutes finding of Attempted second degree murder?
No where in the count show an attempt?
Can this stand?
Can a motion be filed on this?
Sentenced imposed in count III: Life H-O 775.084(4)(a)(1)(F.S. 1991)
Consective to count I and II. How can this be?
It's clear that _defendant only had a firarm in his possession on this count
_Defendant_ was found not guilty of count IV. But look how it reads.
Count IV
The Grand Jurors of the State of FLorida and county of Duval, empaneled and sworn to inquire and true presentment make in and for the county of Duval, upon their oaths, do present and charge that _defendant_ , on the ___ day of March, 1990, in the county of Duval and the State of FLorida, did attempt to unlawfully kill a human being, by shooting _Victim #2_ with a pistol, with premeditated design to effect the death of a human being, and during said commision of the aforementioned attempted First Degree Murder the said _defendant_ carried or had in his possession a firearm, to-wit: a pistol, contrary to the provisions of sections 782.04, 777.04, and 775.087, FL Statutes
Comments and Questions: On this count the _defendant_ was found not guilty; but victim #2 was shot. How could this be? Look how it reads.