Lesser Included Offense

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

• Honaker v. State
  199 So. 3d 1068· Fla. 5th DCA· 2016-08-19 ·cited 20×
  Dual convictions for solicitation and traveling to meet a minor for sexual activity, and for unlawful use of a two-way communications device and traveling to meet a minor for sexual activity, violate double jeopardy when based on the same conduct.
• Sims v. State
  140 So. 3d 1000· Fla. 1st DCA· 2014-03-24 ·cited 20×
  Jeffrey Sims was convicted of aggravated battery for a fight at another man's house. On appeal, Sims challenged the trial court's jury instruction on self-defense as fundamentally erroneous, but the First District Court of Appeal affirmed, holding that although the instruction co
• Ivana Linic v. State
  80 So. 3d 382· Fla. 4th DCA· 2012-02-08 ·cited 20×
  Ivana Linic was convicted of culpable negligence child neglect causing serious bodily injury after her premature infant son died of malnutrition and dehydration. The Fourth District Court of Appeal reversed and remanded for a new trial, finding multiple evidentiary errors and imp
• Beckham v. State
  884 So. 2d 969· Fla. 1st DCA· 2004-08-04 ·cited 20×
  Beckham was convicted of second-degree murder in the killing of Annette Graham. The First District Court of Appeal reversed and remanded for a new trial because the trial court committed fundamental error by failing to instruct the jury on justifiable and excusable homicide as pa
• Blekley Coicou v. State
  867 So. 2d 409· Fla. 3d DCA· 2003-12-10 ·cited 20×
  Blekley Coicou was convicted of attempted first-degree felony murder based on a shooting during a botched drug transaction, with robbery as the underlying felony. The appellate court reversed because the prosecution impermissibly used the same act—the shooting—to prove both the a
• Sanders v. State
  847 So. 2d 504· Fla. 1st DCA· 2003-03-31 ·cited 20×
  Sanders appealed the summary denial of his rule 3.850 postconviction motion claiming ineffective assistance of counsel for trial counsel's failure to request a jury instruction on a lesser included offense. The court affirmed, receding from prior precedent and holding that such a
• N.L. v. State
  825 So. 2d 509· Fla. 1st DCA· 2002-09-06 ·cited 20×
  The First District Court of Appeal reversed a probation revocation where the trial court found the appellant guilty of violating probation on grounds that were neither alleged in the charging document nor proved at the revocation hearing. The court held that due process requires
• Avila v. State
  745 So. 2d 983· Fla. 4th DCA· 1999-09-01 ·cited 20×
  The court held that the trial court did not err in omitting instructions on excusable and justifiable homicide in a second-degree felony murder case, nor in modifying the reasonable doubt instruction by substituting 'must' for 'should'.
• State v. Gibson
  682 So. 2d 545· Fla.· 1996-10-24 ·cited 20×
  Lesser included offenses not instructed on at trial cannot be retried after a conviction for attempted first-degree felony murder is vacated.
• Pratt v. State
  668 So. 2d 1007· Fla. 1st DCA· 1996-01-31 ·cited 20×
  The court reversed Pratt's conviction for attempted third-degree (felony) murder, holding that attempted felony murder is no longer a criminal offense in Florida under State v. Gray. The court remanded the case and certified questions of great public importance regarding what opt
• Jozens v. State
  649 So. 2d 322· Fla. 1st DCA· 1995-01-26 ·cited 20×
  The court held that count II adequately charged the crime of lewd and lascivious act in the presence of a child, despite unartful wording, and that the jury instructions issue was not preserved for appeal.
• United States v. Sitton
  968 F.2d 947· 9th Cir.· 1992-07-02 ·cited 20×
  The court held that the district court erred in refusing to instruct the jury on the lesser included offense of simple possession for Dewbre and Sitton. The court also affirmed other convictions and evidentiary rulings.
• United States v. Billy Joe Chambers (89-1381)
  944 F.2d 1253· 6th Cir.· 1991-09-10 ·cited 20×
  The court held that the Federal Juvenile Delinquency Act requires a certification prerequisite to subject-matter jurisdiction for prosecuting juveniles as adults, and that a hearing is required to determine if prosecution as an adult is in the interest of justice. Convictions of
• Davis v. State
  581 So. 2d 893· Fla.· 1991-05-30 ·cited 20×
  The Florida Supreme Court reviewed whether dual convictions and sentences for possession and delivery of the same controlled substance violate double jeopardy and Florida Statutes section 775.021(4)(b). The Court affirmed the Fifth District's decision, holding that possession is
• Murphy v. State
  578 So. 2d 410· Fla. 4th DCA· 1991-04-17 ·cited 20×
  Murphy was convicted of both DUI manslaughter and vehicular homicide arising from a single death. The Fourth District Court of Appeal initially reversed due to double jeopardy concerns under prior law, but upon the state's motion for rehearing and in light of amended Florida stat
• United States v. Catchings
  922 F.2d 777· 11th Cir.· 1991-01-30 ·cited 20×
  The court held that transforming cocaine powder into crack cocaine and returning it to an undercover officer constituted 'distribution' under 21 U.S.C. § 841, and that the evidence was sufficient to support a conspiracy conviction.
• Mohammed v. State
  561 So. 2d 384· Fla. 1st DCA· 1990-05-07 ·cited 20×
  Trevor Mohammed appealed his aggravated child abuse conviction, challenging the trial court's jury instruction rulings and sentencing guidelines calculations. The court affirmed the conviction but vacated and remanded the sentence because the trial court improperly scored points
• State v. Burton
  555 So. 2d 1210· Fla.· 1989-12-07 ·cited 20×
  The Florida Supreme Court held that a defendant cannot be convicted of both delivery and possession with intent to sell of the same cocaine based on a pre-July 1, 1988 incident, because the statutory amendment allowing separate convictions for these offenses does not apply retroa
• United States v. Tejada
  886 F.2d 483· 1st Cir.· 1989-10-04 ·cited 20×
  The court held that the district court did not err in admitting testimony about a drug ledger, excluding impeachment testimony, allowing testimony in Spanish with an interpreter, and denying a motion to merge possession and distribution counts.
• United States v. Young
  875 F.2d 1357· 8th Cir.· 1989-05-30 ·cited 20×
  The court affirmed the conviction and sentence, finding no error in the denial of discovery, the refusal of lesser included offense instructions, or the application of the Sentencing Guidelines.
• Parker v. Dugger
  537 So. 2d 969· Fla.· 1988-12-01 ·cited 20×
  Norman Parker, under a death sentence, petitioned for habeas corpus relief challenging his conviction and capital sentence on seven grounds, including claims of ineffective assistance of counsel, jury instruction errors, and constitutional violations. The Florida Supreme Court de
• Brindley Marshall v. State
  529 So. 2d 797· Fla. 3d DCA· 1988-08-09 ·cited 20×
  The court held that the failure to instruct the jury on the next immediate lesser-included offense constitutes reversible error per se.
• Lifka v. State
  530 So. 2d 371· Fla. 1st DCA· 1988-08-08 ·cited 20×
  David Lifka was convicted of four counts of lewd and lascivious assault under Florida Statute § 800.04(1) for exposing his genitals to teenage girls from a moving vehicle on two separate occasions. The appellate court reversed the conviction, holding that the evidence was legally
• United States v. Chase
  838 F.2d 743· 5th Cir.· 1988-02-12 ·cited 20×
  The court held that a jury can rationally find guilt for simple possession as a lesser included offense of possession with intent to distribute, even if the prosecution's evidence suggests distribution, and that cautionary instructions regarding extrinsic evidence were adequate.
• United States v. Gonzalo Zapata-Tamallo
  833 F.2d 25· 2d Cir.· 1987-11-09 ·cited 20×
  The court affirmed the convictions, holding that consent to search was voluntary, the defendant lacked a privacy interest in the searched bag, the evidence was sufficient for conviction, and a lesser included offense instruction was not warranted.
• United States v. Pumphrey
  831 F.2d 307· D.C. Cir.· 1987-10-09 ·cited 20×
  The court held that 21 U.S.C. § 846 does not require proof of an overt act to establish conspiracy, and that the trial judge's jury instructions regarding a lesser included offense were not prejudicial.
• Davis v. Herring
  800 F.2d 513· 5th Cir.· 1986-09-26 ·cited 20×
  The court held that a jury's manslaughter verdict implicitly acquits the defendant of murder, and the Double Jeopardy Clause bars a subsequent prosecution for a lesser-included offense, such as shooting into an occupied building, which was a necessary element of the murder charge
• Warren v. State
  498 So. 2d 472· Fla. 3d DCA· 1986-09-09 ·cited 20×
  Warren appeals his conviction for armed burglary and armed robbery, arguing the trial court committed fundamental error by deviating from the standard jury deadlock instruction ('Allen' charge) by emphasizing the cost of retrial and repeatedly indicating it wanted a verdict. The
• United States v. Lofton
  776 F.2d 918· 10th Cir.· 1985-11-12 ·cited 20×
  The court held that the jury instructions were inadequate because they failed to inform the jury that the government must prove the absence of heat of passion beyond a reasonable doubt to secure a murder conviction.
• Bufford v. State
  473 So. 2d 795· Fla. 5th DCA· 1985-08-08 ·cited 20×
  The court held that the jury instruction given improperly deprived the jury of its 'pardon power' by directing them to convict on the highest offense supported by evidence.
• Higdon v. State
  465 So. 2d 1309· Fla. 5th DCA· 1985-03-14 ·cited 20×
  The court affirmed the appellant's convictions for vehicular homicide, reinstating its original opinion despite a perceived conflict between the Florida Supreme Court's schedule of lesser included offenses and its prior case law.
• Goldwire Anderson v. State
  463 So. 2d 276· Fla. 3d DCA· 1984-11-20 ·cited 20×
  The court affirmed the defendant's convictions and sentences, finding no reversible error in the trial court's rulings on suppression, jury selection, or sentencing.
• United States v. Martin
  732 F.2d 591· 7th Cir.· 1984-04-19 ·cited 20×
  The court held that the district court has discretion to vacate either the receipt or possession conviction, as the offenses are not distinct for cumulative punishment purposes.
• United States v. Jackson
  726 F.2d 1466· 9th Cir.· 1984-03-02 ·cited 20×
  The court held that the trial court erred in refusing to give the jury the defendant's requested form of instruction for a lesser-included offense, as it is the defendant's right to elect the form when their liberty is at stake.
• Rickie Lee Henry v. State
  445 So. 2d 707· Fla. 4th DCA· 1984-02-29 ·cited 20×
  Rickie Lee Henry was convicted of armed robbery and sentenced to 15 years. He appealed, arguing the trial court erred by refusing to instruct the jury on attempted robbery. The appellate court affirmed, holding that Florida Rule of Criminal Procedure 3.510 prohibits attempted off
• Craft v. State
  441 So. 2d 704· Fla. 2d DCA· 1983-12-07 ·cited 20×
  The trial court erred in denying the appellant's motion to sever the charge of possession of a firearm by a convicted felon from other charges, as the proof of a prior felony conviction was unfairly prejudicial to the other charges.
• Whitaker v. State
  433 So. 2d 1352· Fla. 3d DCA· 1983-07-12 ·cited 20×
  Robert Whitaker appeals his conviction for involuntary sexual battery, raising claims of ineffective assistance of counsel and the trial court's failure to instruct the jury on maximum and minimum penalties for lesser included offenses. The appellate court affirms, holding that i
• Rivers v. State
  425 So. 2d 101· Fla. 1st DCA· 1982-12-22 ·cited 20×
  Roy Rivers was convicted of armed robbery but appeals claiming trial errors denied him a fair trial. The appellate court found reversible error in the trial court's failure to give a limiting instruction on 'Williams' Rule' evidence (evidence of other crimes) at the time such evi
• Piantadosi v. State
  399 So. 2d 382· Fla. 3d DCA· 1981-05-26 ·cited 20×
  Piantadosi was convicted of attempted burglary of a conveyance after evidence showed him tampering with a vehicle's hatchback lock. The appellate court reversed because the trial court erroneously refused to instruct the jury on the lesser-included offense of attempted tampering
• United States v. Combs
  634 F.2d 1295· 10th Cir.· 1980-11-18 ·cited 20×
  Double jeopardy does not bar trial on Count I because the case involves a single prosecution, not successive prosecutions, and the defendant's guilty plea to Count II was a voluntary choice made with knowledge of the government's intent to proceed on Count I.
• United States v. Alvaro Burgos and John Burgos
  579 F.2d 747· 2d Cir.· 1978-07-20 ·cited 20×
  The court held that the evidence against John Burgos was insufficient to support his conviction for conspiracy to distribute cocaine, but affirmed Alvaro Burgos' conviction, finding his confession admissible and his trial fair.
• Gov't of the Virgin Islands v. Sonville Austin Smith
  558 F.2d 691· 3d Cir.· 1977-07-06 ·cited 20×
  A jury verdict returned after discharge, if agreed upon before discharge and not objected to, is valid, and a juvenile transfer hearing determining probable cause does not trigger double jeopardy.
• Mitchell v. State
  321 So. 2d 108· Fla. 1st DCA· 1975-10-29 ·cited 20×
  Cameron Mitchell was convicted of manslaughter after being charged with second-degree murder. The appellate court affirmed the conviction, rejecting claims that the trial court erred in refusing jury instructions on various assault charges, excluding hearsay evidence, and allowin
• United States v. Thomas
  521 F.2d 76· 8th Cir.· 1975-08-01 ·cited 20×
  The court held that the jury instruction on 'putting in jeopardy' was erroneous because it allowed conviction based on the victim's fear rather than an objective risk of death, but this error did not require reversal due to sufficient evidence for the lesser included offense.
• Jonah Mack v. State
  305 So. 2d 264· Fla. 3d DCA· 1974-12-31 ·cited 20×
  Jonah Mack appealed his jury conviction for aggravated assault and five-year sentence, raising three issues: denial of motion to show his face to the jury, refusal to instruct on a lesser included offense, and assessment of court costs despite adjudication of insolvency. The cour
• United States v. Barcenas
  498 F.2d 1110· 5th Cir.· 1974-08-05 ·cited 20×
  The court held that the admission of a co-defendant's non-responsive answer suggesting the appellant may have been in jail, and the jury's verdict form, did not constitute plain error affecting substantial rights.
• Settle v. State
  288 So. 2d 511· Fla. 2d DCA· 1974-01-25 ·cited 20×
  Willie Settle appealed his conviction for robbery, arguing the trial judge erred by failing to instruct the jury on penalties for lesser included offenses. The Florida appellate court affirmed the conviction, holding that judges need only instruct on the penalty for the charged o
• United States v. Irby
  480 F.2d 1101· 8th Cir.· 1973-06-29 ·cited 20×
  The court held that the district court's jury instructions, when viewed as a whole, adequately conveyed the required intent elements for each count, and that the defendant's conviction on one count was sufficient to support the concurrent sentences.
• White v. State
  274 So. 2d 6· Fla. 4th DCA· 1973-02-28 ·cited 20×
  Ernest White was convicted of breaking and entering with intent to commit grand larceny and petit larceny. The appellate court reversed the conviction on count one, finding insufficient evidence of intent to commit grand larceny, and remanded for entry of appropriate judgments an
• Monroe v. United States
  463 F.2d 1032· 5th Cir.· 1972-07-10 ·cited 20×
  The court held that the district court erred in denying the defendant's motion to vacate his guilty plea because the plea was not entered voluntarily with a sufficient understanding of the charge.