RULE 3.620. WHEN EVIDENCE SUSTAINS ONLY CONVICTION
OF LESSER OFFENSE

When the offense is divided into degrees or necessarily
includes lesser offenses and the court, on a motion for new trial, is
of the opinion that the evidence does not sustain the verdict but is
sufficient to sustain a finding of guilt of a lesser degree or of a lesser
offense necessarily included in the one charged, the court shall not
grant a new trial but shall find or adjudge the defendant guilty of
the lesser degree or lesser offense necessarily included in the
charge, unless a new trial is granted by reason of some other
prejudicial error.

Committee Notes

1968 Adoption. Substantially the same as section 920.06,
Florida Statutes.

1972 Amendment. Same as prior rule.