(b) any offense that as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence.
RULE 3.510 | DETERMINATION OF ATTEMPTS AND LESSER INCLUDED OFFENSES
(b) any offense that as a matter of law is a necessarily included offense or a lesser included offense of the offense charged in the indictment or information and is supported by the evidence. The judge shall not instruct on any lesser included offense as to which there is no evidence.
Committee Notes
1972 Amendment. Same as prior rule except that references to affidavit have been deleted.
You might need to reference it during your pursuit of justice.
For instance, you might need to invoke certain rules to protect yourself from judges/lawyers who break the law (see this example of a Florida judge who outright committed perjury).
As always, please get the justice you deserve.
Sincerely,
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