lesser included offenses

[Rdeww]

my fiance is incarcerated in Florida, his case is from 1999. His question is: is it mandatorily required for the "enhanced penalty instructions" be read to jury in an armed robbery case,where both parties agreed to modified jury instructions that no lesser included offenses be read...the defense strategy is, guilty as charged,or nothing at. all of nothing... Can someone please give some insight to this issue. (HOW COULD THE JURY RETURN A VERDICT ON A LESSER INCLUDED OFFENSE,WHEN ALL PARTIES AGREED THAT THERE WOULD BE NO LESSERS)?

 

[quincy]

my fiance is incarcerated in Florida, his case is from 1999. His question is: is it mandatorily required for the "enhanced penalty instructions" be read to jury in an armed robbery case,where both parties agreed to modified jury instructions that no lesser included offenses be read...the defense strategy is, guilty as charged,or nothing at. all of nothing... Can someone please give some insight to this issue. (HOW COULD THE JURY RETURN A VERDICT ON A LESSER INCLUDED OFFENSE,WHEN ALL PARTIES AGREED THAT THERE WOULD BE NO LESSERS)?

The answer to your question requires knowing more than what you have disclosed here - but generally speaking the judge does not have to follow what the jury decided or any agreement the prosecutor and defense may have made.

 

[FlyingRon]

First off, if he was convicted in 1999, it's way to late to argue the jury was given improper instructions or acted improperly in returning the verdict.

There's no "armed robbery" charge in Florida. It's just robbery with different penalties based on if weapons were used. There is "robbery by sudden snatching," "carjacking," and "home invasion robberies," which are distinct charges.

"Enhanced Penalty" is distinct from "lesser charges." Saying, "no lesser charges" means the jury couldn't return a charge other than Robbery (like petty theft). The enhanced penalties determine once he has been found guilty of robbery if he was found with a firearm/deadly weapon, some other weapon, or no weapon. These are not lesser or greater charges, just different penalties for robbery.

 

[Rdeww]

The answer to your question requires knowing more than what you have disclosed here - but generally speaking the judge does not have to follow what the jury decided or any agreement the prosecutor and defense may have made.

what more information would you need to know?

 

[quincy]

what more information would you need to know?

You can refer to FlyingRon's response.

There appears to be little to do other than accept the sentencing as was handed down in 1999 - although your fiancé's attorney could clear up any questions your fiancé might have now about how and why he was sentenced as he was.

Good luck.