Florida Rule of Criminal Procedure 3.505
RULE 3.505. INCONSISTENT VERDICTS
The state need not elect between inconsistent counts, but the
trial court shall submit to the jury verdict forms as to each count
with instructions applicable to returning its verdicts from the
inconsistent counts.
Committee Notes
1977 Adoption. Although there appears to be no rule or
statute relating to “election,” many Florida cases refer to the fact
that the trial court is required to make the state elect, before or
during trial, between inconsistent counts. Many times the
circumstances show conclusively that the accused is guilty of one
or the other of inconsistent offenses. Since the evidence is then
inconsistent with any reasonable hypothesis of innocence, the
circumstantial rule is satisfied and the evidence should support a
verdict of guilty as to either offense. In such a case the state should
not be required to elect. This new rule is intended to lead to
uniformity throughout the state on this issue and is more
consonant with rule 3.140(k)(5).
The state need not elect between inconsistent counts, but the
trial court shall submit to the jury verdict forms as to each count
with instructions applicable to returning its verdicts from the
inconsistent counts.
Committee Notes
1977 Adoption. Although there appears to be no rule or
statute relating to “election,” many Florida cases refer to the fact
that the trial court is required to make the state elect, before or
during trial, between inconsistent counts. Many times the
circumstances show conclusively that the accused is guilty of one
or the other of inconsistent offenses. Since the evidence is then
inconsistent with any reasonable hypothesis of innocence, the
circumstantial rule is satisfied and the evidence should support a
verdict of guilty as to either offense. In such a case the state should
not be required to elect. This new rule is intended to lead to
uniformity throughout the state on this issue and is more
consonant with rule 3.140(k)(5).