Lesser Included Offense

3,833 Florida cases classified under this topic · sorted by citation count

• Crosby v. United States
  339 F.2d 743· D.C. Cir.· 1964-11-25 ·cited 24×
  The court held that a conviction for an offense not necessarily included in the offense charged in the indictment is a jurisdictional defect that cannot be waived by the defendant's failure to object to the jury charge.
• Kitts v. United States
  243 F.2d 883· 8th Cir.· 1957-05-06 ·cited 24×
  A consecutive sentence cannot be imposed for larceny under 18 U.S.C. § 2113(b) when a defendant has already received the maximum sentence for entering a bank with intent to commit a felony under 18 U.S.C. § 2113(a).
• State v. Damani Spencer
  216 So. 3d 481· Fla.· 2017-04-27 ·cited 23×
  The Florida Supreme Court held that the failure to instruct a jury on justifiable or excusable attempted homicide constitutes fundamental error in attempted manslaughter cases, even absent evidence supporting such defenses, unless defense counsel affirmatively agrees to the incom
• In re Standard Jury Instructions IN Crim. Cases-Report 2011-01
  73 So. 3d 136· Fla.· 2011-09-08 ·cited 23×
  The Florida Supreme Court approved amendments to standard criminal jury instructions pertaining to fleeing a law enforcement officer and aggravation of a felony, with minor modifications to clarify that certain aggravating offenses must be personally committed by the defendant.
• McKIVER v. State
  55 So. 3d 646· Fla. 1st DCA· 2011-02-11 ·cited 23×
  William Glen McKiver was convicted of burglary of a dwelling after a jury was denied an instruction on the permissive lesser-included offense of trespass. The appellate court reversed, holding that because the information alleged all elements of trespass and there was some eviden
• Haygood v. State
  54 So. 3d 1035· Fla. 2d DCA· 2011-02-04 ·cited 23×
  Jeremy Haygood appeals his second-degree murder conviction, arguing the trial court committed fundamental error by giving a flawed jury instruction on manslaughter by act that required proof of intent to kill. The court affirms the conviction while adhering to Second District pre
• Moore v. State
  932 So. 2d 524· Fla. 4th DCA· 2006-06-21 ·cited 23×
  David Moore was convicted of first-degree arson for setting fire to his mobile home. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the jury on second-degree arson as a permissive lesser-includ
• Boland v. State
  893 So. 2d 683· Fla. 2d DCA· 2005-02-18 ·cited 23×
  Joanne Lee Boland was convicted of falsely reporting a capital felony to law enforcement in violation of Florida Statute § 837.05(2), a third-degree felony. The court reversed her conviction because the trial court erroneously refused to instruct the jury on necessarily lesser-in
• Fayson v. State
  698 So. 2d 825· Fla.· 1997-08-28 ·cited 23×
  The Florida Supreme Court upheld convictions for burglary, false imprisonment, aggravated assault, and aggravated battery against Ralph Fayson, rejecting his argument that the jury's verdict of guilty on the lesser included offense of burglary (without the battery element) was le
• Williams v. State
  627 So. 2d 1279· Fla. 1st DCA· 1993-12-09 ·cited 23×
  Mark Joseph Williams was convicted of lewd, lascivious or indecent assault upon a child under sixteen years of age based on testimony that he forced the child victim to touch his penis and masturbate. The Florida First District Court of Appeal reversed and remanded because the tr
• United States v. Helmsley
  941 F.2d 71· 2d Cir.· 1991-07-30 ·cited 23×
  The court held that the defendant's Fifth Amendment right against self-incrimination was not violated, even if her immunized testimony indirectly led to the investigation, because the prosecution was based on independent evidence and there was no official manipulation.
• United States v. Marvin R. "Rusty" Hall
  843 F.2d 408· 10th Cir.· 1988-03-28 ·cited 23×
  The court held that a conspiracy conviction under 21 U.S.C. § 846 can serve as a predicate offense for a continuing criminal enterprise (CCE) conviction under 21 U.S.C. § 848, and that the defendant's counsel was not ineffective.
• Jones v. Thigpen
  741 F.2d 805· 5th Cir.· 1984-09-17 ·cited 23×
  The court held that the Double Jeopardy Clause bars the State from seeking the death penalty again because the evidence presented at the first trial was legally insufficient to support a finding that the defendant killed or intended to kill the victim, as required by Enmund v. Fl
• United States v. Garcia
  718 F.2d 1528· 11th Cir.· 1983-11-07 ·cited 23×
  The court held that 18 U.S.C. § 2114 does not require a 'postal nexus' for property stolen, counterfeit notes were properly admitted, and consecutive sentences were permissible as the offenses were distinct.
• United States v. Terrill Douglas Hopkins
  703 F.2d 1102· 9th Cir.· 1983-04-12 ·cited 23×
  The court held that the defendant's conduct and demeanor were sufficiently intimidating to support a conviction for attempted bank robbery by intimidation, and the jury instructions given were not an abuse of discretion.
• United States v. Neal
  692 F.2d 1296· 10th Cir.· 1982-11-05 ·cited 23×
  The court held that the indictment was not fatally defective, the trial court did not abuse its discretion in denying severance or a bill of particulars, and there was no double jeopardy violation.
• Jackson v. State
  418 So. 2d 456· Fla. 4th DCA· 1982-08-25 ·cited 23×
  Jackson was convicted of misdemeanor marijuana possession, then charged with felony possession of the same marijuana found in different locations during a single incident. The Fourth District Court of Appeal reversed, holding that Jackson's contemporaneous possession of marijuana
• Cotton v. State
  395 So. 2d 1287· Fla. 1st DCA· 1981-04-02 ·cited 23×
  Terry Lloyd Cotton appeals his conviction for sexual battery with actual physical force likely to cause serious personal injury and his 60-year sentence. The court affirms, rejecting Cotton's arguments that the information was fatally defective and that the jury verdict was ambig
• State v. Young
  371 So. 2d 1029· Fla.· 1979-05-10 ·cited 23×
  The Florida Supreme Court held that the State may prosecute a defendant under the manslaughter statute for negligently causing death by operation of a motor vehicle, rather than being limited to the vehicular homicide statute. The Court concluded that vehicular homicide is a less
• Masters v. State
  344 So. 2d 616· Fla. 1st DCA· 1977-04-07 ·cited 23×
  Masters was convicted of three drug offenses by jury verdict. On appeal, the State conceded errors regarding sentencing and a misdemeanor count that violated the 90-day trial rule. The key issue was whether the trial court properly recalled a discharged jury to clarify two incons
• Isiah Wilcox and Frank Hanks v. State
  183 So. 2d 555· Fla. 3d DCA· 1966-03-01 ·cited 23×
  Appellants Wilcox and Hanks challenge their conviction for grand larceny and entering without breaking an automobile after being acquitted of a prior grand larceny charge involving the same property. The court holds that prosecuting them for larceny from a bailee after acquitting
• Charleston Karrem Larry v. State
  61 So. 3d 1205· Fla. 5th DCA· 2011-05-13 ·cited 22×
  The court held that trial counsel's failure to raise a statutory defense was ineffective assistance of counsel, requiring reduction of the conviction.
• Franklin v. State
  877 So. 2d 19· Fla. 4th DCA· 2004-05-19 ·cited 22×
  Franklin was convicted of aggravated battery with firearm enhancements after a jury rejected a charge of attempted second-degree murder. The court reversed because under Florida's 10-20-life statute, the enhanced aggravated battery penalty equaled or exceeded the attempted murder
• Alfonso v. State
  661 So. 2d 308· Fla. 3d DCA· 1995-07-19 ·cited 22×
• Henderson Nurse v. State
  658 So. 2d 1074· Fla. 3d DCA· 1995-07-05 ·cited 22×
  Henderson Nurse was convicted of attempted burglary, petit theft, and resisting arrest. On appeal, the court held that attempted burglary cannot be a proper lesser included offense of burglary of an unoccupied structure because both are third-degree felonies carrying the same pen
• Ward v. State
  655 So. 2d 1290· Fla. 5th DCA· 1995-06-09 ·cited 22×
  Tommie Ward appeals his convictions for attempted second-degree murder and armed robbery, challenging the jury instruction on attempted second-degree murder. The court agrees the instruction was defective because it improperly incorporated elements of attempted felony murder, and
• Andrews v. Deland
  943 F.2d 1162· 10th Cir.· 1991-08-23 ·cited 22×
  The dissenting judge argues that the petitioner has demonstrated cause for procedural default and that the state's procedural bar is inadequate, thus the claim of ineffective assistance of counsel should be heard on its merits.
• United States v. McDONALD
  933 F.2d 1519· 10th Cir.· 1991-05-31 ·cited 22×
  The court held that the trial court did not abuse its discretion in admitting expert testimony to help the jury understand the evidence related to drug trafficking, and that the ex parte communication with a juror did not constitute plain error.
• Arcoren v. United States
  929 F.2d 1235· 8th Cir.· 1991-04-08 ·cited 22×
  The court held that the admission of battered woman syndrome expert testimony was proper under Rule 702 to help the jury understand the victim's recantation, and that the admission of prior bad acts evidence was permissible under Rule 404(b). However, the court vacated the convic
• Brown v. State
  569 So. 2d 1320· Fla. 1st DCA· 1990-11-08 ·cited 22×
  Brown was convicted of armed robbery, aggravated assault, attempted first-degree murder, and firearm use offenses. The court reversed the attempted first-degree murder conviction due to insufficient evidence of premeditation, but affirmed the convictions for armed robbery and agg
• Bland v. State
  563 So. 2d 794· Fla. 1st DCA· 1990-06-21 ·cited 22×
  Larry Bland appeals from denial of his Rule 3.850 motion for ineffective assistance of counsel, claiming his trial counsel failed to defend on the basis of voluntary intoxication. The court affirmed, holding that counsel's strategy focusing on consent and lack of initiation of th
• United States v. Browner
  889 F.2d 549· 5th Cir.· 1989-11-16 ·cited 22×
  A defendant is entitled to a jury instruction on involuntary manslaughter as a lesser included offense of voluntary manslaughter if the evidence could rationally support a finding of guilt for the lesser offense and acquittal for the greater.
• Duke v. State
  541 So. 2d 1170· Fla.· 1989-04-20 ·cited 22×
  Children convicted of offenses punishable by death or life imprisonment must be sentenced as adults, regardless of prior statutory interpretations that allowed for different treatment.
• Herrington v. State
  538 So. 2d 850· Fla.· 1989-02-23 ·cited 22×
  The Florida Supreme Court reviewed a second-degree murder conviction and held that a trial court must instruct the jury on all lesser degrees of an offense that are supported by evidence, regardless of whether those degrees are alleged in the charging document. The court reversed
• Mercer v. Armontrout
  864 F.2d 1429· 8th Cir.· 1988-12-30 ·cited 22×
  The court held that the petitioner's second habeas petition did not present substantial claims that would undermine the accuracy of his guilt or sentencing determination, thus denying a certificate of probable cause.
• Amos v. The State OF Minn. & the Attorney Gen. of the State of Minn.
  849 F.2d 1070· 8th Cir.· 1988-06-14 ·cited 22×
  The court affirmed the district court's denial of the habeas corpus petition, finding no constitutional error in the state court proceedings.
• Rubino v. Lynaugh
  845 F.2d 1266· 5th Cir.· 1988-05-18 ·cited 22×
  A retroactive judicial abrogation of a legal defense, even if inconsistently applied, can constitute an ex post facto violation if it substantially disadvantages a defendant by removing the possibility of a more favorable outcome or sentence.
• United States v. Kipp Michael McGEEHAN
  824 F.2d 677· 8th Cir.· 1987-07-29 ·cited 22×
  The court affirmed Jovanovic's convictions, finding his guilty plea valid despite minor sentencing misstatements, and affirmed McGeehan's convictions but vacated his sentence for resentencing.
• United States ex rel. Gary Barnard v. Lane
  819 F.2d 798· 7th Cir.· 1987-05-20 ·cited 22×
  A state prisoner's procedural default in failing to raise an ineffective assistance of counsel claim on direct appeal can be excused if the prisoner demonstrates cause and prejudice, where ineffective assistance of appellate counsel constitutes cause.
• United States v. Stallings
  810 F.2d 973· 10th Cir.· 1987-02-03 ·cited 22×
  The court held that it had jurisdiction to hear the appeal despite incomplete sentencing because the lesser-included offenses would be automatically vacated. The court affirmed the convictions and sentences on the remaining counts.
• Cannon v. State
  456 So. 2d 513· Fla. 5th DCA· 1984-09-13 ·cited 22×
  Ronnie Wayne Cannon appeals his convictions for armed robbery, attempted murder, and aggravated assault. The court reversed his aggravated assault conviction due to the trial court's erroneous refusal to instruct the jury on simple assault as a necessarily lesser included offense
• Cooper v. State
  455 So. 2d 588· Fla. 1st DCA· 1984-09-05 ·cited 22×
  Timothy Cooper appealed his convictions for two counts of attempted second degree murder, challenging the imposition of consecutive mandatory minimum sentences and the reclassification of the offense. The court reversed the consecutive sentencing requirement but affirmed the recl
• Linwood E. Briley v. Bass
  742 F.2d 155· 4th Cir.· 1984-08-23 ·cited 22×
  The court held that a defendant cannot impeach a witness by selectively revealing only part of a plea bargain, as the prosecution is entitled to present the entire agreement to avoid misleading the jury.
• United States v. Faymore
  736 F.2d 328· 6th Cir.· 1984-06-06 ·cited 22×
  The court held that the imposition of consecutive sentences for multiple drug offenses did not violate the Double Jeopardy Clause, and that the trial court's jury instructions and evidentiary rulings were proper.
• Pierluigi Mancini v. State
  448 So. 2d 573· Fla. 1st DCA· 1984-04-11 ·cited 22×
  Defendant Mancini pled nolo contendere to possession with intent to sell cocaine after the trial court denied his motion to suppress. The appellate court reversed, holding that officers violated the Fourth Amendment by conducting a warrantless search of a specific Federal Express
• Andre v. State
  431 So. 2d 1042· Fla. 5th DCA· 1983-05-26 ·cited 22×
  Keith Alan Andre appeals his robbery conviction, arguing that the evidence supports only a theft charge because the taking itself was not violent. The Florida appellate court affirms the conviction, holding that any degree of force—including a snatching motion—is sufficient to co
• Miller v. State
  430 So. 2d 611· Fla. 4th DCA· 1983-05-04 ·cited 22×
  Miller petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failing to raise various issues on direct appeal of his conviction for solicitation to commit murder. The Fourth District Court of Appeal rejected all of Miller's ineffectivenes
• United States v. Smith
  690 F.2d 748· 9th Cir.· 1982-10-22 ·cited 22×
  The court held that a conviction for continuing criminal enterprise under 21 U.S.C. § 848 does not require proof that the organizer directly supervised five people for each specific violation, but only that the violations were undertaken in concert with five or more persons. Howe
• Naranjo v. Ricketts
  696 F.2d 83· 10th Cir.· 1982-08-27 ·cited 22×
  A state's waiver of the exhaustion requirement in federal habeas corpus proceedings is not dispositive; federal courts must still ensure exhaustion to uphold comity and the state's role in enforcing federal law.
• United States v. Neiss
  684 F.2d 570· 8th Cir.· 1982-07-28 ·cited 22×
  The court held that the trial court did not err in denying a jury instruction on simple assault or in refusing to reinstruct the jury on self-defense during supplemental instructions.