To: BuckeyeTexan
no the prosecution has to ask to INclude and then judge has discretion.
defent always gets it if asked.
that the rules.
2,366 posted on
07/12/2013 12:35:41 PM PDT by
longtermmemmory
(VOTE! http://www.senate.gov and http://www.house.gov)
To: longtermmemmory
no the prosecution has to ask to INclude and then judge has discretion. That applies to Category Two lesser-included offenses not to Category One. See the links I posted at 2308 to the FL Supreme Court.
Cat1 is included unless the prosecution asks for it to be excluded. Cat2 is not included unless the prosecution asks and the judge permits it.
2,435 posted on
07/12/2013 12:51:57 PM PDT by
BuckeyeTexan
(There are those that break and bend. I'm the other kind. ~Steve Earle)
To: longtermmemmory
2,441 posted on
07/12/2013 12:53:55 PM PDT by
BuckeyeTexan
(There are those that break and bend. I'm the other kind. ~Steve Earle)
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