Lesser Included Offense

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

• Gov't of the Virgin Islands v. Joseph
  685 F.2d 857· 3d Cir.· 1982-07-23 ·cited 22×
  The majority holds that the jury's receipt of the defendant's written statement, along with the improper submission of another letter, constitutes reversible error mandating a new trial.
• Bell v. State
  411 So. 2d 319· Fla. 5th DCA· 1982-03-24 ·cited 22×
  Johnny Lee Bell was convicted of trafficking in illegal drugs, sale of a controlled substance, and possession of a controlled substance. The appellate court affirmed the trafficking conviction and sentence but vacated the sentences for sale and possession, finding that imposing s
• Hines v. State
  401 So. 2d 878· Fla. 3d DCA· 1981-07-21 ·cited 22×
  The court held that while the conviction for possession is affirmed due to waiver of double jeopardy, the sentence for possession must be vacated because it arises from the same transaction as the greater offense of sale.
• Wooten v. State
  404 So. 2d 1072· Fla. 3d DCA· 1981-06-16 ·cited 22×
  A conviction for a lesser included misdemeanor offense is legally inconsistent with a conviction for possessing a firearm during the commission of the felony underlying that offense, requiring the latter conviction to be vacated.
• Monroe v. State
  396 So. 2d 241· Fla. 3d DCA· 1981-04-03 ·cited 22×
  Willie Monroe appealed his convictions for robbery with a firearm and display of a firearm in the commission of a felony, claiming prosecutorial misconduct regarding his post-arrest silence and that the firearm offense was a lesser included offense barring separate conviction. Th
• James v. State
  393 So. 2d 1138· Fla. 3d DCA· 1981-01-27 ·cited 22×
  James was convicted of assault, a lesser-included offense, after being charged with aggravated assault. He appealed, arguing the trial court erred by failing to instruct the jury on the minimum and maximum penalties for aggravated assault and lesser-included offenses. The court a
• Hodges v. State
  386 So. 2d 888· Fla. 1st DCA· 1980-08-19 ·cited 22×
  Kenneth Hodges appeals his conviction for sexual battery with use of force not likely to cause personal injury. The Florida District Court of Appeal affirmed his conviction, rejecting challenges to the exclusion of evidence of the victim's prior sexual conduct, a prosecutor's clo
• United States v. Bear
  624 F.2d 853· 8th Cir.· 1980-07-11 ·cited 22×
  The court held that the evidence was sufficient to sustain the conviction, the failure to instruct on simple assault was not plain error, the exclusion of evidence concerning the victim's prior sexual conduct was not an abuse of discretion, and the motion for a new trial based on
• Morgan v. State
  377 So. 2d 212· Fla. 3d DCA· 1979-11-13 ·cited 22×
  Rita Morgan was convicted of attempted second-degree murder and unlawful display of a firearm after a jury trial. The Florida appellate court reversed and remanded for a new trial, holding that the trial court violated Florida Criminal Procedure Rule 3.400 by submitting only sele
• United States v. Batchelder
  581 F.2d 626· 7th Cir.· 1978-07-24 ·cited 22×
  The court held that the prosecutor's discretion to indict under either 18 U.S.C. § 922(h) or § 1202(a), despite overlapping offenses and differing penalties, does not violate the Constitution.
• Bell v. State
  354 So. 2d 1266· Fla. 3d DCA· 1978-02-14 ·cited 22×
  The court affirmed the conviction for robbery and possession of a firearm during a felony, holding that specific intent is not a required element of robbery under the current Florida Statute § 812.13.
• United States v. Herminio Cruz
  568 F.2d 781· 1st Cir.· 1978-01-06 ·cited 22×
  Prosecution for conspiracy to distribute heroin after conviction for possession with intent to distribute does not violate the Double Jeopardy Clause.
• United States v. Silla
  555 F.2d 703· 9th Cir.· 1977-06-10 ·cited 22×
  The court held that jury instructions, when viewed in their entirety and in the context of the whole trial, were not misleading and did not warrant reversal, and that the evidence was sufficient to support the convictions.
• Harvard v. State
  375 So. 2d 833· Fla.· 1977-04-07 ·cited 22×
  William Lanay Harvard was convicted of first-degree murder and sentenced to death for shooting his ex-wife Ann Bovard in the neck with a shotgun. The Florida Supreme Court affirmed the conviction and death sentence after reviewing the sufficiency of evidence, jury instructions, a
• Roberts v. Collins
  544 F.2d 168· 4th Cir.· 1976-10-28 ·cited 22×
  The court held that imposing a sentence for simple assault that exceeds the statutory maximum for assault with intent to murder constitutes cruel and unusual punishment under the Eighth Amendment.
• Roberts v. State
  320 So. 2d 832· Fla. 2d DCA· 1975-10-24 ·cited 22×
  Roy Roberts was convicted of entering without breaking with intent to commit petit larceny, though the information charged breaking and entering with the same intent. The court held that such a conviction is permissible because the common element of unlawful entry encompasses bot
• United States v. Marin
  513 F.2d 974· 2d Cir.· 1975-04-15 ·cited 22×
  The court held that a conviction for attempted possession of cocaine is permissible even if the indictment was for actual possession, and that the evidence supported the jury's finding of attempted possession.
• Culbertson v. State
  306 So. 2d 142· Fla. 2d DCA· 1975-01-15 ·cited 22×
  The court held that the trial court erred in denying the appellant an opportunity to present evidence in mitigation prior to sentencing.
• United States v. José Rafael Rojas
  502 F.2d 1042· 5th Cir.· 1974-10-17 ·cited 22×
  The court affirmed the conviction and sentence, finding no merit in the appellant's assigned errors regarding voir dire, evidence preservation, multiplicity of charges, and jury instructions.
• United States v. Henley
  502 F.2d 585· 5th Cir.· 1974-10-09 ·cited 22×
  The court affirmed the defendants' convictions for importation and possession with intent to distribute marijuana, finding no reversible error.
• Felicia v. United States
  495 F.2d 353· 8th Cir.· 1974-04-09 ·cited 22×
  The United States District Court has jurisdiction to sentence an Indian defendant convicted of a lesser included offense under an indictment charging a violation of the Major Crimes Act.
• Reuben R. Alford v. State
  280 So. 2d 479· Fla. 3d DCA· 1973-07-17 ·cited 22×
  Reuben Alford was convicted of aggravated assault and robbery after a jury trial. On appeal, he challenged the trial court's failure to instruct the jury on larceny as a lesser included offense of robbery, but the court affirmed his conviction because defense counsel affirmativel
• Henry v. State
  277 So. 2d 78· Fla. 2d DCA· 1973-05-04 ·cited 22×
  Henry was convicted of robbery after a jury trial and appealed, arguing the trial judge erred by failing to instruct the jury on lesser included offenses such as attempted robbery, larceny, and assault. The court affirmed the conviction, holding that because defense counsel affir
• United States v. Chavis
  476 F.2d 1137· D.C. Cir.· 1973-04-04 ·cited 22×
  The court held that the trial court's denial of a motion for psychiatric assistance under 18 U.S.C. § 3006A requires further factual development to determine if the defendant received assistance necessary for an adequate defense, and vacated one conviction as a lesser included of
• United States v. Patmore
  475 F.2d 752· 10th Cir.· 1973-03-26 ·cited 22×
• Baker v. State
  241 So. 2d 683· Fla.· 1970-07-29 ·cited 22×
  Baker appeals his second conviction for first-degree murder without recommendation to mercy, challenging voir dire questioning about civil rights associations, admission of a crime re-enactment film, admission of evidence concerning a subsequent robbery attempt, jury instructions
• United States v. Goldman
  352 F.2d 263· 3d Cir.· 1965-10-04 ·cited 22×
  The court held that accepting a guilty plea on a lesser included offense does not prevent continuation of a trial on a greater offense within the same proceeding, and that a concurrent sentence under one count could be vacated when the sentence under another count was valid and e
• Edmond Waker v. United States
  344 F.2d 795· 1st Cir.· 1965-04-28 ·cited 22×
  The court held that the trial court's jury instruction on predisposition, which allowed consideration of hearsay, was erroneous and contrary to established precedent, requiring reversal.
• Sansone v. United States
  334 F.2d 287· 8th Cir.· 1964-07-17 ·cited 22×
• Rutkowski v. United States
  149 F.2d 481· 6th Cir.· 1945-05-23 ·cited 22×
  The court held that the crime of robbery, as charged in Count I, inherently includes the elements of larceny and asportation, making it the same offense as the felonious taking charged in Count II.
• Mose Douglas v. State
  152 Fla. 63· Fla.· 1942-12-11 ·cited 22×
  Mose Douglas, a Black man, was convicted of first-degree murder in the shooting death of a white man, Daniel C. Hall, during a confrontation with a posse in 1941 Collier County, Florida. The Florida Supreme Court reversed the conviction, holding that the evidence was legally insu
• State v. Tuttle
  177 So. 3d 1246· Fla.· 2015-11-12 ·cited 21×
  The Florida Supreme Court resolved a conflict among district courts regarding which conviction must be vacated when a defendant is convicted of overlapping crimes where the lesser offense (by statutory elements) carries a greater punishment than the greater offense. The Court hel
• Houston v. State
  87 So. 3d 1· Fla. 2d DCA· 2011-08-12 ·cited 21×
  John Miguel Houston was convicted of attempted second-degree murder after firing a gun at a robbery victim. The Florida appellate court reversed his conviction on that count, finding the jury instruction on attempted manslaughter erroneously required proof of intent to kill, a re
• Augustin Fleurimond v. State
  10 So. 3d 1140· Fla. 3d DCA· 2009-05-27 ·cited 21×
  Augustin Fleurimond appeals his conviction for drug trafficking and possession. The Third District Court of Appeal reversed and remanded for a new trial, finding that the State violated a pretrial order in limine by introducing prejudicial testimony about the area being known for
• State v. Iseley
  944 So. 2d 227· Fla.· 2006-10-26 ·cited 21×
  The Florida Supreme Court resolved a conflict between district courts regarding whether jury instructions on aggravated assault with a firearm—rather than the lesser included offense of aggravated assault with a deadly weapon—satisfy the requirements for imposing mandatory minimu
• R.C. v. State
  793 So. 2d 1078· Fla. 2d DCA· 2001-08-08 ·cited 21×
  In this juvenile delinquency case, the court reversed a burglary conviction for lack of evidence of intent to commit an offense upon entry, but upheld the adjudication on the lesser-included offense of trespass and remanded for new disposition hearing.
• State v. Williams
  776 So. 2d 1066· Fla. 4th DCA· 2001-02-07 ·cited 21×
  The Florida Fourth District Court of Appeal reversed a third-degree felony murder conviction, holding that the defendant's flight from police in a stolen vehicle 24 hours after a carjacking was too attenuated from the underlying carjacking to support a felony murder charge. The c
• Marinelli v. State
  706 So. 2d 1374· Fla. 2d DCA· 1998-02-25 ·cited 21×
  Joseph Marinelli appeals his conviction for two counts of misdemeanor stalking of his wife, challenging whether the convictions violated double jeopardy principles. The Florida appellate court reversed one stalking conviction, struck certain costs, and remanded for correction of
• United States v. Mendez
  117 F.3d 480· 11th Cir.· 1997-07-21 ·cited 21×
  The appellate court affirmed the convictions for assaulting a mail carrier with intent to steal mail (Counts I and II) but vacated the convictions for possession of stolen mail (Counts III and IV). The court found that under the circumstances, possession of stolen mail was a less
• Kirby v. State
  625 So. 2d 51· Fla. 3d DCA· 1993-09-21 ·cited 21×
  Larry Francis Kirby appeals his conviction for kidnapping, sexual battery, battery, and drug paraphernalia possession, arguing trial errors regarding photographic evidence, prosecutorial comments on his right to silence, the battery conviction, jury instructions on consent, and s
• United States v. DeNOYER
  811 F.2d 436· 8th Cir.· 1987-02-09 ·cited 21×
  The court affirmed the conviction, holding that the trial court did not abuse its discretion in admitting the child victim's out-of-court statements and the defendant's statements to police, nor in excluding defense expert testimony or refusing lesser included offense instruction
• State v. Hankerson
  482 So. 2d 1386· Fla. 3d DCA· 1986-01-28 ·cited 21×
  An order reducing a criminal charge is legally an order dismissing the charge, and the State has jurisdiction to appeal such an order.
• United States v. Bello
  767 F.2d 1065· 4th Cir.· 1985-07-05 ·cited 21×
  The dissenting judge holds that the statute prohibiting parole for continuing criminal enterprises should be interpreted to allow for parole eligibility after a certain period, rather than mandating early release.
• Flint v. State
  463 So. 2d 554· Fla. 2d DCA· 1985-02-15 ·cited 21×
  The court held that the trial court erred in refusing to instruct the jury on robbery while carrying a weapon, a necessarily lesser included offense, and that this error mandates reversal.
• Ritter v. Smith
  726 F.2d 1505· 11th Cir.· 1984-02-27 ·cited 21×
  The 1975 Alabama death penalty statute's sentencing procedures, which required the judge to consider the jury's mandatory death sentence, are unconstitutional. However, the statute's preclusion of lesser included offenses at the guilt phase did not entitle the petitioner to a new
• Kirksey v. State
  433 So. 2d 1236· Fla. 1st DCA· 1983-06-21 ·cited 21×
  Johnny Lee Kirksey appeals his conviction for attempted sexual battery, aggravated assault, and burglary with assault (with kidnapping reduced to false imprisonment). The court affirmed all convictions, holding that the officer's failure to inform Kirksey of the cause of arrest d
• United States v. Hirst
  668 F.2d 1180· 11th Cir.· 1982-02-09 ·cited 21×
  The court held that the trial court did not err in limiting cross-examination, in its jury instructions, or in denying severance or a new trial, affirming the convictions.
• United States ex rel. William Matthews v. Johnson
  503 F.2d 339· 3d Cir.· 1974-08-15 ·cited 21×
  The court held that the prior Pennsylvania practice of allowing trial judges discretion to give or withhold voluntary manslaughter instructions without clear standards violated due process.
• United States v. Johnston
  440 F.2d 389· 9th Cir.· 1971-04-13 ·cited 21×
• Woods v. State
  154 Fla. 203· Fla.· 1944-02-25 ·cited 21×
  The Court should not create a federal cause of action for damages against federal officers for Fourth Amendment violations, as this is a legislative function.