1.

During the criminal case of Florida v. Smith, Mr. Smith's attorney attempts to negotiate a lessor sentence for his client. Mr. Smith's attorney writes the State Attorney a letter stating his client is willing to "own up to the crime we all know he committed" and plead guilty in exchange for probation with no jail sentence.

The State of Florida rejects this offer and at a later trial attempts to admit Mr. Smith's attorney's statement.

The rules will allow the State of Florida to admit this statement if severed from Mr. Smith's offer to plead guilty.

2.