924.34
When evidence sustains only conviction of lesser offense.
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924.34 When evidence sustains only conviction of lesser offense.—When the appellate court determines that the evidence does not prove the offense for which the defendant was found guilty but does establish guilt of a lesser statutory degree of the offense or a lesser offense necessarily included in the offense charged, the appellate court shall reverse the judgment and direct the trial court to enter judgment for the lesser degree of the offense or for the lesser included offense.
History.—s. 310, ch. 19554, 1939; CGL 1940 Supp. 8663(323); s. 161, ch. 70-339; s. 1558, ch. 97-102.
Notes of Decisions
Cited in 240
cases (6 in the last 5 years), 1942–2026 · leading case: State v. Sigler
State v. Sigler (2007)
“§ 924.34, Fla. Stat. (emphasis added). Clearly, this provision only refers to lesser degree offenses and necessarily lesser-included offenses.”
Coicou v. State (2010)
“The court held that under section 924.34, Florida Statutes (2001), Coicou’s conviction should be reduced to a permissive lesser-included offense, attempted second-degree murder.”
I.T. v. State (1997)
“§ 924.34, Fla.Stat. (1995). The district court of appeal held that (1) chapter 924 does not apply to juvenile cases, which are instead governed by chapter 39, or, alternatively, (2) section 924.”
Gangapersad Ramroop v. State of Florida (2017)
“§ 924.34, Fla. Stat. (2011); see State v.”
Crain v. State (2004)
“Accordingly, pursuant to section 924.34, Florida Statutes (1997), [17] we reverse the judgment of guilt of kidnapping and direct the trial court on remand to enter judgment for false imprisonment, and to resentence Crain accordingly.”
Shaara v. State (1991)
“The state properly concedes error regarding the adjudication of guilt of three counts of sexual battery with a deadly weapon, charges not made by the amended information; but we agree with the state that the trial court, pursuant to section 924.34, Florida Statutes (1989), is…”
Gould v. State (1990)
“Although he could have performed the other sexual batteries in the bedroom, the jury could reasonably conclude that the movement to the bathroom made those crimes much easier to commit, and thus the kidnapping conviction must stand.”
Gould v. State (1991)
“However, rather than vacating these convictions, the district court, under the purported authority of section 924.34, Florida Statutes (1985), directed the trial court to adjudicate Gould guilty of sexual battery under section 794.”
Taylor v. State (1992)
“However, under the authority of section 924.34, Florida Statutes (1989), the court directed the entry of a judgment of conviction for the crime of aggravated assault with a deadly weapon committed against Smith.”
Pratt v. State (1996)
“In support of its position, the state relies on section 924.34, Florida Statutes (1991): 924.”
State v. Wilson (1996)
“…and direct the trial court to enter judgment for the lesser degree of the offense or for the lesser included offense. § 924.34, Fla.Stat. (1995).”
Darryl Lewis Davis v. State of Florida & SC16-1739 Darryl Lewis Davis v. State of Florida (2018)
“§ 924.34, Fla. Stat. (2017) (allowing an appellate court to direct a judgment for a lesser-included offense that is established by the record where the evidence does not sustain the offense for which the defendant was found guilty); State v.”
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