RULE 3.610. MOTION FOR ARREST OF JUDGMENT;
GROUNDS

The court shall grant a motion in arrest of judgment only if:

(a) the indictment or information on which the defendant
was tried is so defective that it will not support a judgment of
conviction;

(b) the court is without jurisdiction of the cause;

(c) the verdict is so uncertain that it does not appear
therefrom that the jurors intended to convict the defendant of an
offense for which the defendant could be convicted under the
indictment or information under which the defendant was tried; or

(d) the defendant was convicted of an offense for which the
defendant could not be convicted under the indictment or
information.

Committee Notes

1968 Adoption. Note that (a)(1) of the rule revamps section
920.05(2)(a) through (d), Florida Statutes, in an effort to better take
into account the fact that an accusatorial writ that would not
withstand a motion to quash (dismiss) might well support a
judgment of conviction if no such motion is filed. See Sinclair v.
State, 46 So. 2d 453 (1950).

Note also that, where appropriate, the rule mentions “affidavit”
in addition to “indictment” and “information.” The standing
committee on Florida court rules questioned whether this rule is
procedural or substantive and directed the subcommittee to call
this fact to the attention of the supreme court.
1972 Amendment. Same as prior rule. References to trial
affidavit deleted.