Lesser Included Offense

3,837 Florida cases classified under this topic, plus 173 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Brown v. State
  206 So. 2d 377· Fla.· 1968-01-17 ·cited 839×
  Brown was convicted of robbery after a trial judge refused to instruct the jury on the lesser included offense of larceny. The Florida Supreme Court reversed, holding that trial judges must instruct juries on necessarily included offenses even when the evidence strongly supports
• RAY v. State
  403 So. 2d 956· Fla.· 1981-07-30 ·cited 559×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant convicted of a crime not charged can challenge the conviction when he failed to object to the jury instruction. The Court held that conviction under an erroneous lesser included of
• State v. Montgomery
  39 So. 3d 252· Fla.· 2010-04-08 ·cited 485×
  The Florida Supreme Court held that the crime of manslaughter by act does not require the State to prove the defendant intended to kill the victim, only that he intended to commit an act that caused death. The Court found that the standard jury instruction requiring proof of inte
• Faison v. State
  426 So. 2d 963· Fla.· 1983-02-10 ·cited 384×
  The Florida Supreme Court upheld Matthew Faison's kidnapping convictions while reversing the district court's vacatur of his sexual battery conviction. The Court clarified that kidnapping charges can stand alongside underlying felonies when the movement or confinement has indepen
• In re the USE BY the Trial Courts OF the Standard Jury Instructions IN Crim. Cases & the Standard Jury Instructions in Misdemeanor Cases
  431 So. 2d 594· Fla.· 1981-04-16 ·cited 290×
  The Florida Supreme Court adopted comprehensive revised standard jury instructions for criminal cases, misdemeanor cases, and grand jury instructions. The Court approved new procedures for lesser included offenses, bifurcation of jury instructions, and rejected a recommendation t
• Jackson v. State
  575 So. 2d 181· Fla.· 1991-01-18 ·cited 277×
  Clinton Jackson was convicted of armed robbery and first-degree murder in the death of a hardware store owner during a robbery. The Florida Supreme Court affirmed the convictions but vacated the death sentence, finding insufficient evidence of the culpable mental state required u
• Craig v. State
  510 So. 2d 857· Fla.· 1987-05-28 ·cited 245×
  Craig was convicted of two counts of first-degree murder and sentenced to death for the premeditated murders of John Eubanks and Walton Farmer during a planned scheme to gain control of a cattle ranch. The Florida Supreme Court affirmed the convictions but vacated and remanded th
• State v. Wimberly
  498 So. 2d 929· Fla.· 1986-12-11 ·cited 245×
  The Florida Supreme Court held that trial judges must instruct juries on necessarily lesser included offenses regardless of the strength of evidence supporting conviction on the greater charge, reversing the district court's reversal of Wimberly's battery of a law enforcement off
• State v. Whitfield
  487 So. 2d 1045· Fla.· 1986-04-24 ·cited 241×
  The Florida Supreme Court resolved a certified question of great public importance regarding whether a defendant must contemporaneously object to sentencing errors to preserve them for appeal. The Court held that the Rhoden exception to the contemporaneous objection rule applies
• Borges v. State
  415 So. 2d 1265· Fla.· 1982-04-08 ·cited 224×
  Roy Borges was convicted of four separate offenses arising from a single criminal transaction and received consecutive sentences. The Florida Supreme Court held that Florida Statute 775.021(4) abrogated the single transaction rule, permitting multiple convictions and separate sen
• Palmes v. State
  397 So. 2d 648· Fla.· 1981-03-05 ·cited 221×
  Timothy Palmes was convicted of first-degree murder and sentenced to death for the premeditated murder, robbery, and killing of James Stone in October 1976. The Florida Supreme Court affirmed both the conviction and the death sentence, finding that Palmes's confession was properl
• Bell v. State
  437 So. 2d 1057· Fla.· 1983-06-09 ·cited 220×
  The Florida Supreme Court held that a defendant cannot be convicted of both a greater offense and its lesser included offenses in a single trial, as such multiple convictions violate double jeopardy protections. The Court reversed convictions for sale and possession of a controll
• United States v. Michel
  588 F.2d 986· 5th Cir.· 1979-02-01 ·cited 209×
  The court held that the evidence was sufficient to sustain convictions for conspiracy to import marijuana and importation of marijuana, and that the stop and search of the U-Haul truck were legal.
• Hall v. State
  517 So. 2d 678· Fla.· 1988-01-07 ·cited 208×
  The Florida Supreme Court held that a defendant cannot be convicted of both armed robbery under section 812.13 and the separate offense of displaying or carrying a firearm under section 790.07(2) when both offenses arise from a single act. The Court overruled State v. Gibson and
• State v. Pinder
  375 So. 2d 836· Fla.· 1979-07-05 ·cited 205×
  The Florida Supreme Court held that a defendant cannot be convicted and punished for both felony murder and the underlying felony when the only evidence supporting the murder conviction is proof that the killing occurred during commission of that underlying felony, based on doubl
• State v. McCLOUD
  577 So. 2d 939· Fla.· 1991-02-28 ·cited 200×
  Possession of a controlled substance is not a lesser-included offense of sale under section 775.021(4), Florida Statutes (Supp.1988), because a sale can occur without possession and the statute requires that offenses be separate if each requires proof of an element the other does
• Pizzo v. State
  945 So. 2d 1203· Fla.· 2006-12-21 ·cited 192×
  The Florida Supreme Court resolved a conflict between district courts regarding the proper method for determining which offense is a lesser offense in double jeopardy cases. The court held that statutory elements—not punishment severity—must be compared to determine if one offens
• Sirmons v. State
  634 So. 2d 153· Fla.· 1994-02-03 ·cited 192×
  The Florida Supreme Court held that a defendant cannot be convicted and sentenced for both robbery with a weapon and grand theft of an automobile arising from the same single taking, as these offenses are merely degree variants of the same underlying theft offense. The Court quas
• United States v. Bascaro
  742 F.2d 1335· 11th Cir.· 1984-10-01 ·cited 192×
  The court held that marijuana offenses can be the subject of a RICO charge and that wiretap applications, even if amended, are valid if probable cause exists independently of challenged information.
• Pope v. State
  679 So. 2d 710· Fla.· 1996-06-13 ·cited 185×
  Horace Melvin Pope was convicted of first-degree murder and robbery in the brutal killing of Alice Mahaffey and sentenced to death. The Florida Supreme Court affirmed his convictions and death sentence, rejecting multiple appellate challenges including claims of evidentiary error
• State v. Baker
  456 So. 2d 419· Fla.· 1984-07-12 ·cited 183×
  Florida Supreme Court held that Brown category four lesser included offenses have no application to double jeopardy analysis under Florida's multiple punishment statute. The court clarified that statutory elements, not charging documents or evidence, determine whether separate co
• Gordon v. State
  528 So. 2d 910· Fla. 2d DCA· 1988-05-27 ·cited 182×
  Bruce Gordon was convicted of both sale of cocaine and possession with intent to sell the same single rock of cocaine based on a single transaction. The court reversed, holding that these crimes constitute a single offense under double jeopardy principles and cannot support multi
• United States v. Augustin Alvarez
  755 F.2d 830· 11th Cir.· 1985-03-20 ·cited 179×
  BATF agents are protected under 18 U.S.C. § 1114, and knowledge of the victim's federal status is not an element of the assault crime under 18 U.S.C. § 111.
• United States v. Milan Bagaric
  706 F.2d 42· 2d Cir.· 1983-04-14 ·cited 176×
  The court held that the Racketeer Influenced and Corrupt Organizations Act (RICO) applies to enterprises with mixed political and economic motives, as long as there is a pattern of racketeering activity and an enterprise, and the conduct implicates RICO's remedial purposes.
• Linehan v. State
  476 So. 2d 1262· Fla.· 1985-08-29 ·cited 163×
  Voluntary intoxication is not a defense to arson, a general intent crime, and therefore does not apply to first-degree felony murder when arson is the underlying felony. Second-degree murder is a necessarily lesser included offense of first-degree felony murder, and failure to in
• Grover Reed v. State
  560 So. 2d 203· Fla.· 1990-03-01 ·cited 162×
  Grover Reed appeals his conviction for first-degree murder, sexual battery, and robbery, and his death sentence for the murder of Betty Oermann. The Florida Supreme Court addresses multiple appellate challenges including jury selection procedures, jury instructions, and aggravati
• State v. Johnson
  483 So. 2d 420· Fla.· 1986-02-06 ·cited 160×
  The Florida Supreme Court held that a defendant's double jeopardy rights are not waived by failing to raise the defense before a second trial, and that the state violated the double jeopardy clause when it set aside an unconditionally accepted plea and retried the defendant on th
• In & for New Castle Cnty.
  Del. Super. Ct.· 2006-12-12 ·cited 159×
  The court denied the defendant's motion for postconviction relief, finding that all claims were procedurally barred under Rule 61. The defendant failed to meet the requirements for exceptions to the procedural bars, such as the 'interest of justice' or 'fundamental fairness' exce
• United States v. Whitten
  706 F.2d 1000· 9th Cir.· 1983-05-25 ·cited 159×
  The court held that the evidence seized was admissible, affirming the convictions, as the searches, while having some irregularities, were substantially lawful and the evidence obtained fell within the scope of the warrants or exceptions thereto. The court also found the evidence
• Brooks v. State
  918 So. 2d 181· Fla.· 2005-06-23 ·cited 158×
  This case involves Lamar Brooks' appeal of his conviction and death sentences for the first-degree murders of Rachel Carlson and her infant daughter, Alexis Stuart. This is Brooks' second appeal after his initial conviction was reversed in 2001 due to erroneous hearsay testimony.
• Haygood v. State
  109 So. 3d 735· Fla.· 2013-02-14 ·cited 150×
  Jeremy Haygood was convicted of second-degree murder for fatally beating his girlfriend. The Florida Supreme Court held that giving an erroneous jury instruction on manslaughter by act—requiring proof of intent to kill—constituted fundamental error, even though the jury was also
• State v. Shelley
  176 So. 3d 914· Fla.· 2015-06-25 ·cited 147×
  The Florida Supreme Court held that the Legislature did not explicitly authorize separate convictions for soliciting a parent to allow sexual abuse of a child and traveling to meet the child after such solicitation, as both offenses arise from the same conduct and solicitation is
• Harris v. State
  438 So. 2d 787· Fla.· 1983-09-08 ·cited 143×·via Necessarily Lesser Included Offense
  Theodore Harris was convicted of first-degree murder, burglary with assault, and robbery of a 73-year-old woman. He appealed arguing his confession was involuntary and his trial contained procedural errors. The Florida Supreme Court affirmed the convictions and death sentence, fi
• Taylor v. State
  444 So. 2d 931· Fla.· 1983-12-22 ·cited 142×
  The Florida Supreme Court addressed whether attempted manslaughter is a cognizable crime under Florida law. The Court held that attempted manslaughter exists as a crime, but only when the underlying conduct involves voluntary manslaughter (act or procurement) with requisite inten
• United States v. Ghassan L. Ammar
  714 F.2d 238· 3d Cir.· 1983-06-30 ·cited 140×
  The court held that while the district court was not required to hold an in limine hearing, it should have made explicit credibility findings when the evidence aliunde relied on witness testimony whose credibility was challenged.
• Austin v. United States
  382 F.2d 129· D.C. Cir.· 1967-06-16 ·cited 139×
  The court held that the evidence was insufficient to support a first-degree murder conviction due to a lack of premeditation and deliberation, but sufficient for second-degree murder.
• State v. Weller
  590 So. 2d 923· Fla.· 1991-11-07 ·cited 138×
  The Florida Supreme Court reviewed a Fourth District decision reversing a cocaine trafficking conspiracy conviction, addressing conflicts in Florida law regarding lesser included offenses in drug trafficking cases. The Court clarified that the Blockburger test applies to determin
• State v. Hegstrom
  401 So. 2d 1343· Fla.· 1981-07-30 ·cited 138×
  The Florida Supreme Court receded from its prior decision in Pinder v. State, which had held that double jeopardy prohibited multiple convictions and punishments for felony murder and the underlying felony in a single trial. In light of subsequent U.S. Supreme Court decisions in
• State v. Gibbs
  Del. Super. Ct.· 2006-12-22 ·cited 137×
  The Delaware Superior Court denied the defendant's motion for postconviction relief, finding that his claims were either procedurally barred, lacked merit, or failed to meet the standard for ineffective assistance of counsel. The court also denied the defendant's motions for recu
• State v. Paul
  934 So. 2d 1167· Fla.· 2006-06-22 ·cited 137×
  The Florida Supreme Court addressed whether multiple convictions for lewd and lascivious offenses against a minor violate double jeopardy protections when arising from the same criminal transaction. The Court held that while two separate criminal episodes occurred (living room an
• Redondo v. State
  403 So. 2d 954· Fla.· 1981-07-23 ·cited 133×
  The Florida Supreme Court held that a defendant cannot be convicted of unlawful possession of a firearm during the commission of a felony when the jury has acquitted him of the underlying felony by convicting him only of a lesser included misdemeanor offense. The court reversed t
• Sanders v. State
  944 So. 2d 203· Fla.· 2006-10-26 ·cited 130×
  The Florida Supreme Court held that a lesser-included offense need not result in a lesser penalty than the charged offense in order to be a proper lesser-included offense. The Court answered a certified question of great public importance regarding verdict form construction when
• Marsden v. Louie Moore
  847 F.2d 1536· 11th Cir.· 1988-06-28 ·cited 130×
  The court held that the district court did not err in denying the habeas corpus petition, as the defendant failed to demonstrate prejudice from pretrial publicity or violations of his constitutional rights regarding identification procedures or compelled physical evidence display
• Teffeteller v. State
  439 So. 2d 840· Fla.· 1983-08-25 ·cited 128×
  Robert Teffeteller was convicted of first-degree murder in the shooting death of Peyton Moore during an attempted robbery. The Florida Supreme Court affirmed his conviction but reversed his death sentence due to improper and prejudicial prosecutorial comments during the penalty p
• Rojas v. State
  552 So. 2d 914· Fla.· 1989-11-22 ·cited 127×
  The Florida Supreme Court reversed a second-degree murder conviction because the trial judge failed to include in the manslaughter instruction an explanation that justifiable and excusable homicide are excluded from the crime of manslaughter, despite defining those terms earlier
• Mills v. State
  476 So. 2d 172· Fla.· 1985-08-30 ·cited 125×
  Gregory Mills was convicted of first-degree murder, burglary, and aggravated battery for shooting James Wright during a home invasion. The Florida Supreme Court affirmed the murder and burglary convictions and death sentence, but vacated the aggravated battery conviction as a mer
• McCLOUD v. State
  335 So. 2d 257· Fla.· 1976-06-30 ·cited 123×
  The court held that the statute directing minors to be tried as adults for certain felonies is constitutional, and that dual sentences for manslaughter and robbery are permissible.
• Pena v. State
  901 So. 2d 781· Fla.· 2005-02-24 ·cited 122×
  The Florida Supreme Court addressed whether a trial court commits fundamental error by omitting jury instructions on the age element of first-degree murder by drug distribution and on excusable and justifiable homicide when the evidence does not support those defenses. The court
• Adams v. State
  341 So. 2d 765· Fla.· 1976-12-16 ·cited 122×
  James Adams was convicted of first-degree murder and sentenced to death for beating Edgar Brown to death during a robbery. The Florida Supreme Court upheld the conviction and death sentence, holding that under Florida's 1972 murder statute, a person who personally kills another d
• State v. Florida
  894 So. 2d 941· Fla.· 2005-02-17 ·cited 119×
  The Florida Supreme Court held that a defendant may be convicted of both attempted second-degree murder and aggravated battery for a single act of shooting a police officer without violating double jeopardy, resolving a conflict between district courts of appeal by applying the B