Attempt To Commit A Crime

34 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Gustine v. State
  86 Fla. 24· Fla.· 1923-06-13 ·cited 256×
  This case reviews a conviction for attempting to steal a car. The appellate court found the evidence insufficient to prove the intent to steal, as the defendant's actions were equally consistent with temporarily using the car, which is a lesser offense. The conviction was reverse
• United States v. Coplon
  185 F.2d 629· 2d Cir.· 1950-12-05 ·cited 152×
  The court held that the arrest was invalid because the agent lacked reasonable grounds to believe the defendant would escape, rendering the seized evidence inadmissible. It also held that the trial judge erred by reviewing wiretap logs in camera and denying the defense access, as
• Groneau v. State
  201 So. 2d 599· Fla. 4th DCA· 1967-07-31 ·cited 71×
  Fred Russell Groneau was convicted of attempted breaking and entering with intent to commit petty larceny following a bench trial. The Florida appellate court affirmed the conviction, holding that the evidence established both the requisite specific intent and an overt act beyond
• United States v. Mims
  812 F.2d 1068· 8th Cir.· 1987-03-03 ·cited 40×
  The court held that the arrest warrant for Techau had probable cause, and evidence seized incident to arrest was admissible under the good faith exception. The court affirmed convictions for Techau and Le, but reversed Einfeldt's conviction for insufficient evidence of attempt.
• State of Fla. ex rel. Nathaniel D. Wash. & Anthony Adams v. Rivkind
  350 So. 2d 575· Fla. 3d DCA· 1977-10-11 ·cited 38×
  The court held that an attempted third degree burglary constitutes a third degree felony under Florida Statutes Section 777.04(4)(c), rejecting the defendants' argument that it should be classified as a first degree misdemeanor. The ruling clarifies that the statute's explicit re
• King v. State
  339 So. 2d 172· Fla.· 1976-10-07 ·cited 38×
  The Florida Supreme Court resolved a conflict between district courts regarding whether attempted uttering of a forged instrument constitutes a cognizable offense under Florida law. The Court held that no such offense exists because uttering itself is inherently an attempt crime,
• State v. Coker
  452 So. 2d 1135· Fla. 2d DCA· 1984-07-18 ·cited 36×
  The State of Florida appealed an order dismissing charges against Edward A. Coker for attempting to obtain a controlled substance by fraud. The appellate court reversed the dismissal, holding that Coker's untruthful statement to his doctor to obtain a new prescription constituted
• King v. State
  317 So. 2d 852· Fla. 1st DCA· 1975-08-28 ·cited 34×
  The Florida District Court of Appeal, First District, held that attempted uttering of a forged instrument is not a cognizable offense under Florida law because uttering itself is fundamentally an act of attempt, making an attempt to attempt logically impossible.
• United States v. Noreikis
  481 F.2d 1177· 7th Cir.· 1973-06-14 ·cited 34×
  The court held that the affidavit provided sufficient probable cause for the search warrant and that the execution of the warrant complied with statutory requirements, and that the evidence was sufficient to support a conviction for attempting to manufacture DMT.
• United States v. Elio Perez-Herrera
  610 F.2d 289· 5th Cir.· 1980-01-23 ·cited 25×
  The court held that the statute prohibiting attempts to import controlled substances applies to attempts made wholly outside of U.S. borders, as Congress intended extraterritorial application to combat international drug trafficking.
• United States v. Remigio
  767 F.2d 730· 10th Cir.· 1985-07-17 ·cited 24×
  The court held that entry through an open door in the presence of a defendant does not violate the knock-and-announce statute (18 U.S.C. § 3109), and a prosecutor's single, objected-to comment on post-arrest silence can be harmless error given overwhelming evidence of guilt.
• Hernandez v. State
  117 So. 3d 778· Fla. 3d DCA· 2013-03-20 ·cited 23×
  A fourteen-year-old Michael Hernandez was convicted of first-degree murder and attempted first-degree murder. The Third District Court of Appeal affirmed his convictions but vacated his mandatory life-without-parole sentence as unconstitutional under Miller v. Alabama, which proh
• United States v. Brown
  604 F.2d 347· 5th Cir.· 1979-10-09 ·cited 22×
  The court held that the evidence was sufficient to support the jury's findings of guilt for both attempt and conspiracy to destroy a building by explosives.
• Merrill Padgett v. State
  378 So. 2d 118· Fla. 1st DCA· 1980-01-04 ·cited 20×
  Padgett was charged with trafficking in stolen property under Florida law after purchasing items from undercover officers, though the items were not actually stolen. The court held that proof the goods were actually stolen is not essential to convict for 'endeavoring' to traffic
• Lemke v. United States
  211 F.2d 73· 9th Cir.· 1954-02-19 ·cited 18×
  The court held that signing false invoices and submitting them for payment constituted a sufficient overt act to support a conviction for attempted obtaining money by false pretenses, even if the scheme was interrupted.
• United States v. Bunney
  705 F.2d 378· 10th Cir.· 1983-04-12 ·cited 14×
  The court held that gasoline used in an attempt to destroy property can be considered an "explosive" under 18 U.S.C. § 844(i), and that the defendant's detailed planning and preparatory actions constituted a "substantial step" toward committing the crime.
• Ward v. State
  287 So. 2d 138· Fla. 4th DCA· 1973-12-21 ·cited 14×
  Johnny Lee Ward was convicted of breaking and entering a dwelling with intent to commit a misdemeanor after the trial court reduced the original felony charge. The appellate court reversed because the trial court erroneously refused to instruct the jury on the lesser included off
• Rumfelt v. United States
  445 F.2d 134· 7th Cir.· 1971-06-15 ·cited 14×
  The court held that the evidence was sufficient to establish an attempted bank robbery, and that the trial judge's questioning and the exclusion of certain evidence did not constitute reversible error.
• United States v. Johnson
  767 F.2d 673· 10th Cir.· 1985-07-03 ·cited 12×
  The court held that the indictment was not fatally vague and that the evidence was sufficient to prove an attempted possession with intent to manufacture and distribute a controlled substance.
• United States v. McFADDEN
  739 F.2d 149· 4th Cir.· 1984-07-16 ·cited 11×
  The court held that the defendants' actions constituted an attempt to rob a bank under 18 U.S.C. § 2113(a) even without actual force or intimidation, and that the inadvertent submission of a deleted paragraph to the jury did not warrant a mistrial.
• L.J. v. State
  421 So. 2d 198· Fla. 3d DCA· 1982-11-09 ·cited 9×
  A juvenile was charged with attempted sexual battery based on allegations that he touched the victim's breasts, buttocks, and vaginal area and attempted to remove her pants without consent. The court affirmed the adjudication, holding that the conduct alleged in the charging docu
• Webber v. State
  718 So. 2d 258· Fla. 5th DCA· 1998-08-28 ·cited 8×
  The court held that the jury learning of collateral crimes was improper but harmless, and the conviction for dealing in stolen property was proper despite no completed sale.
• United States v. Schramm
  715 F.2d 1253· 7th Cir.· 1983-08-31 ·cited 6×
  The court held that the defendant's actions constituted an attempt to commit bank robbery, not mere preparation, and sustained the conviction.
• Lawrence v. State
  330 So. 2d 160· Fla. 1st DCA· 1976-04-14 ·cited 6×
  Robert Lee Lawrence was convicted of forgery and uttering a forged instrument after falsely entering a name on a Mastercharge credit card ticket. The First District Court of Appeal affirmed the convictions and sentences, rejecting arguments that attempt instructions should have b
• Pickett v. State
  202 So. 2d 203· Fla. 1st DCA· 1967-09-14 ·cited 6×
  Pickett and Kaiser were convicted of unlawful attempt to commit larceny of an automobile. On appeal, they challenged the admission of their extra-judicial confessions and the sufficiency of evidence. The court affirmed the convictions, holding that the corpus delicti was sufficie
• Mariano v. State
  615 So. 2d 264· Fla. 4th DCA· 1993-03-10 ·cited 4×
  Eileen Mariano was convicted of attempting to acquire a controlled substance (bontril) by uttering a forged prescription. The Florida Court of Appeal reversed because the state presented only circumstantial evidence that failed to exclude a reasonable hypothesis of innocence—that
• United States v. Goodpaster
  769 F.2d 374· 6th Cir.· 1985-08-05 ·cited 4×
  The court held that the prosecution failed to prove that the defendant attempted to execute a scheme to defraud, as the defendant was legally entitled to the payments due to the insurer's failure to provide proper notice of cancellation under Kentucky law.
• Benefield v. State
  151 So. 2d 650· Fla. 2d DCA· 1963-01-25 ·cited 4×
  J.C. Benefield, a chiropractor and member of the Governor's Advisory Committee, was convicted of attempted grand larceny after being acquitted of grand larceny itself. He falsely represented to liquor license applicants that he could secure a state beverage license in exchange fo
• State v. Ludwig Velarde Ruiz
  909 So. 2d 986· Fla. 5th DCA· 2005-09-09 ·cited 3×
  The State of Florida appeals a trial court's dismissal of computer pornography charges against a defendant who committed solicitation acts from Virginia targeting a Florida resident. The appellate court reverses, holding that Florida courts possess subject matter jurisdiction und
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-01
  175 So. 3d 782· Fla.· 2015-09-24 ·cited 2×
  The Florida Supreme Court approved amendments to ten existing standard criminal jury instructions related to welfare fraud crimes and added one new instruction governing games of chance. The Court addressed comments from interested parties regarding whether repayment of wrongfull
• United States ex rel. Walter Gordon v. Reincke
  415 F.2d 1126· 2d Cir.· 1969-09-18 ·cited 2×
  The court held that the substitution of a charge for attempted rape for attempted robbery did not deny due process, as the new charge arose from the same occurrence and did not prejudice the defense.
• Simpson v. United States
  195 F.2d 721· 9th Cir.· 1952-04-03 ·cited 2×
  The court held that oral testimony was admissible to prove the contents of a lost note, and that a conviction for attempting to commit a crime is lawful even if the attempt is not expressly charged in the information.
• State v. Wilkinson
  724 So. 2d 614· Fla. 5th DCA· 1998-12-23
  Florida appealed the dismissal of charges against Wilkinson for shooting at what he believed to be a deer but was actually a law enforcement decoy. The court reversed, holding that attempting to kill a decoy constitutes an attempt to kill a deer under Florida law when the defenda
• Carter v. State
  710 So. 2d 695· Fla. 2d DCA· 1998-05-01
  The court affirmed the convictions for burglary of a conveyance and dealing in stolen property, but reversed the order of revocation of probation.