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Last updated: 2/28/2006
3.8(e). Venue
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Description
3.8(e) VENUE It must be proved, only to a reasonable certainty, that [crime alleged] was committed [in this county] [within the areas of the counties named in the charge]. NOTE TO JUDGE: This charge should be given only when the defendant requests and there is an issue of fact in the evidence for the jury to resolve. NOTE TO JUDGE: These alternative instructions were drafted pursuant to the Florida Supreme Courts directive in Martinez v. State, 761 So. 2d 1074 (Fla. 2000). The jury instruction committee was directed to prepare a standard instruction but in the meantime these instructions are available to you. One of the following instructions should be given where a transcribed version of an audio-video tape is used as an aid to the jury and there is no stipulation as to its accuracy . . . . Id. at 1086.
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