Lesser Included Offense

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

• State v. Stiefel
  256 So. 2d 581· Fla. 2d DCA· 1972-01-12 ·cited 20×
  Florida appealed the dismissal of manslaughter charges against Stiefel, who had previously been convicted of driving while intoxicated (DWI) arising from the same car accident. The court reversed the dismissal, holding that a prior DWI conviction does not bar subsequent prosecuti
• DeMARRIAS v. United States
  453 F.2d 211· 8th Cir.· 1972-01-03 ·cited 20×
  The court held that the evidence was insufficient to support a second-degree murder conviction due to a lack of proof of malice aforethought, but sufficient for voluntary manslaughter.
• King v. Moseley
  430 F.2d 732· 10th Cir.· 1970-08-11 ·cited 20×
  The court held that the allegations made did not demonstrate a violation of the appellant's right to a speedy trial, nor actual prejudice to his defense due to delay.
• Mullreed v. Kropp
  425 F.2d 1095· 6th Cir.· 1970-04-16 ·cited 20×
  A defendant who pleads guilty to a lesser included offense after being charged with a greater offense, and then successfully overturns that conviction, cannot be subsequently retried on the greater offense without violating the Double Jeopardy Clause.
• Arley Ward v. Page
  424 F.2d 491· 10th Cir.· 1970-04-15 ·cited 20×
  The court held that a guilty plea to a lesser included offense does not operate as an acquittal of a greater offense for double jeopardy purposes, thus allowing retrial on the greater offense.
• Tyler v. United States
  397 F.2d 565· 5th Cir.· 1968-07-10 ·cited 20×
  The court held that an indictment charging acceptance of wagers is sufficient to state an offense for willful failure to pay excise taxes, and that allowing jurors to separate overnight during deliberations is permissible at the trial judge's discretion absent a showing of actual
• Parker v. United States
  359 F.2d 1009· D.C. Cir.· 1966-04-12 ·cited 20×
  Voluntary intoxication is not a defense to assault with a dangerous weapon because the statute does not require a specific intent to inflict injury.
• Bizup v. Tinsley
  316 F.2d 284· 10th Cir.· 1963-04-18 ·cited 20×
  The federal court affirmed the denial of the writ of habeas corpus, finding no federal constitutional question was presented.
• Hansborough v. United States
  308 F.2d 645· D.C. Cir.· 1962-09-27 ·cited 20×
  The court held that the evidence supported the trial court's submission of lesser included offenses to the jury, and it was not error to instruct on second-degree murder and manslaughter.
• Gangapersad Ramroop v. State
  214 So. 3d 657· Fla.· 2017-03-30 ·cited 19×
  The Florida Supreme Court held that section 782.065, which imposes a mandatory life sentence for attempted murder of a law enforcement officer, creates a substantive criminal offense requiring proof that the defendant knew the victim was a law enforcement officer. The Court rever
• Ramirez v. State
  113 So. 3d 105· Fla. 5th DCA· 2013-05-17 ·cited 19×
  Jose Luis Ramirez was convicted of multiple battery offenses arising from two separate criminal episodes. The appellate court affirmed his convictions for battery on a law enforcement officer and domestic battery by strangulation, but vacated two convictions for felony battery (o
• Harris v. State
  111 So. 3d 922· Fla. 1st DCA· 2013-03-28 ·cited 19×
  James Harris was convicted of both felony battery and misdemeanor battery arising from a single altercation with his girlfriend. The court reversed the misdemeanor battery conviction, holding that the two offenses violated double jeopardy principles because they arose from one co
• Edgardo Estremera v. State
  107 So. 3d 511· Fla. 5th DCA· 2013-02-15 ·cited 19×
  Edgardo Estremera appealed his convictions for burglary with assault while armed with a firearm, robbery with a firearm, petit theft, and three counts of aggravated assault with a firearm. The court found that one aggravated assault conviction and the burglary conviction were dup
• Blueford v. Arkansas
  566 U.S. 599· U.S.· 2012-05-24 ·cited 19×
  The Supreme Court held that a defendant whose jury voted unanimously against guilt on capital and first-degree murder charges before becoming deadlocked on lesser included offenses may be retried on all charges, because the jury's mid-deliberation report of votes lacked the final
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2011-03
  95 So. 3d 868· Fla.· 2012-05-17 ·cited 19×
  The Florida Supreme Court approved proposed amendments and new standard jury instructions for criminal cases and special proceedings involving involuntary civil commitment of sexually violent predators, while rejecting one proposed instruction and severing two others for separate
• Riley v. State
  25 So. 3d 1· Fla. 1st DCA· 2008-10-22 ·cited 19×
  Riley sought relief for ineffective assistance of appellate counsel, arguing that his appellate counsel failed to raise a jury instruction error. The court found that the trial court erred in denying a lesser included offense instruction on simple battery, which constitutes per s
• United States v. Resendiz-Ponce
  549 U.S. 102· U.S.· 2007-01-09 ·cited 19×
  The indictment must allege both the intent to commit the crime and an overt act toward its commission.
• Rosen v. State
  940 So. 2d 1155· Fla. 5th DCA· 2006-09-08 ·cited 19×
  Ronald Rosen, a sixth-grade teacher, was convicted of four counts of lewd and lascivious molestation and two counts of misdemeanor battery for intentionally touching four minor female students on their buttocks and chest without consent. The appellate court affirmed all convictio
• Bourne v. State
  869 So. 2d 606· Fla. 1st DCA· 2004-03-04 ·cited 19×
  The revocation of probation is affirmed because sufficient grounds remained, but the order must be modified to strike findings based on unalleged offenses.
• COX v. State
  764 So. 2d 711· Fla. 1st DCA· 2000-06-19 ·cited 19×
  Anthony Cox appeals his conviction for sale of crack cocaine within 1000 feet of a school, raising two issues: whether the trial court erred in denying his motion for judgment of acquittal and whether he was entitled to ten rather than six peremptory challenges. The court reverse
• Wimberly v. State
  697 So. 2d 1272· Fla. 4th DCA· 1997-08-13 ·cited 19×
  The trial court erred in refusing to instruct the jury on the lesser-included offense of simple battery when requested and supported by evidence.
• Elliot Reno Whatley v. State
  679 So. 2d 1269· Fla. 2d DCA· 1996-09-20 ·cited 19×
  Elliot Reno Whatley petitioned for a writ of habeas corpus claiming ineffective assistance of appellate counsel for failing to raise a double jeopardy violation. Whatley was convicted of both aggravated battery and burglary with a battery, where the same conduct (the battery) was
• Simon v. State
  589 So. 2d 381· Fla. 4th DCA· 1991-11-13 ·cited 19×
  Steven Simon appealed his conviction for battery on a police officer and resisting arrest with violence. The appellate court reversed and remanded for a new trial, finding that the trial court reversibly erred by refusing to instruct the jury on the justifiable use of non-deadly
• United States v. Sneezer
  900 F.2d 177· 9th Cir.· 1990-04-02 ·cited 19×
  The court held that attempted sexual abuse requires specific intent, entitling the defendant to a jury instruction on voluntary intoxication. However, abusive sexual contact is not a lesser included offense of attempted sexual abuse.
• United States v. Rodell Eagle Hawk
  815 F.2d 1213· 8th Cir.· 1987-04-08 ·cited 19×
  The court held that the trial court did not err in refusing a lesser-included offense instruction for voluntary manslaughter, in giving an aiding and abetting instruction, in denying immunity to a witness, in denying a motion to dismiss for speedy trial violations, or in its voir
• Larkins v. State
  476 So. 2d 1383· Fla. 1st DCA· 1985-10-29 ·cited 19×
  The court held that aggravated assault and resisting arrest with violence are not lesser included offenses of armed robbery and battery on a law enforcement officer, respectively, and that the trial court did not err in scoring victim injury for sentencing.
• Walker v. State
  473 So. 2d 694· Fla. 1st DCA· 1985-03-21 ·cited 19×
  James Arthur Walker was convicted of attempted second degree murder and two counts of aggravated assault, all while in possession of a firearm. The Florida First District Court of Appeal affirmed the conviction but reversed and remanded for resentencing because the trial court fa
• Gordon v. State
  457 So. 2d 1095· Fla. 5th DCA· 1984-09-28 ·cited 19×
  The court held that while evidence was sufficient for second-degree murder, a conviction for DWI manslaughter should be vacated due to Florida's rule against multiple homicide convictions for a single victim. The court certified questions regarding double jeopardy to the Florida
• Watts v. State
  440 So. 2d 505· Fla. 1st DCA· 1983-11-10 ·cited 19×
  Willie Watts, a prison inmate, was convicted on two counts of possessing contraband weapons (two prison-made knives) under a single statute. The court reversed one conviction, holding that simultaneous possession of two knives constitutes a single offense under Florida law, not t
• Gov't of the Virgin Islands v. Bedford
  671 F.2d 758· 3d Cir.· 1982-02-23 ·cited 19×
  The court held that the district court's failure to weigh the probative value against the prejudicial effect of a prior conviction for impeachment purposes was harmless error, and that amending the information to charge assault with a deadly weapon was permissible as it did not i
• Lomax v. State
  322 So. 2d 650· Fla. 2d DCA· 1975-11-19 ·cited 19×
  The failure to give a requested instruction on an immediately lesser included offense may be harmless error if there is overwhelming evidence of guilt for the greater crime and no rational basis for the jury to find only the lesser crime was committed.
• Jerry v. State
  213 So. 2d 440· Fla. 2d DCA· 1968-08-09 ·cited 19×
  The court held that a defendant must properly request jury instructions, either orally or in writing, to preserve the issue of the failure to give such instructions for appeal.
• Demeko Ladjuan Sims v. State
  260 So. 3d 509· Fla. 1st DCA· 2018-12-10 ·cited 18×
  The court affirmed Sims's convictions for armed robbery and petit theft and his life sentence as a Prison Releasee Reoffender, holding that the convictions do not violate double jeopardy because robbery and petit theft are distinct offenses with different statutory elements, and
• Roberts v. State
  242 So. 3d 296· Fla.· 2018-03-01 ·cited 18×
  The Florida Supreme Court held that a trial court commits fundamental error by failing to instruct a jury on the necessarily lesser included offense of attempted manslaughter by act when the defendant is charged with attempted second-degree murder, even without a defense request.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2012-08
  131 So. 3d 692· Fla.· 2013-11-21 ·cited 18×
  The Florida Supreme Court approved amendments to standard jury instructions in criminal cases, including modifications to traffic and DUI-related instructions and new instructions for elder abuse, human trafficking, and massage establishment violations. The Court rejected one pro
• Evans v. Michigan
  568 U.S. 313· U.S.· 2013-02-20 ·cited 18×
  A trial court in Michigan erroneously directed a verdict of acquittal by requiring proof of an element that was not actually required by the arson statute. The Supreme Court held that even erroneous judicial acquittals based on insufficient evidence determinations bar retrial und
• Newton W. McLEOD v. State
  52 So. 3d 784· Fla. 5th DCA· 2010-12-30 ·cited 18×
  The court held that the defendant's life sentence for attempted second-degree murder with a firearm exceeded the statutory maximum of 30 years for a first-degree felony, and that the trial court properly set aside verdicts on counts four and five due to double jeopardy.
• Poole v. State
  30 So. 3d 696· Fla. 2d DCA· 2010-03-26 ·cited 18×
  James Edward Poole was convicted of second-degree murder for stabbing Darryl Newsome once in the heart during a confrontation in a recreational vehicle. The Florida District Court of Appeal reversed the conviction, finding insufficient evidence of the depraved mind required for s
• Bolin v. State
  8 So. 3d 428· Fla. 2d DCA· 2009-03-20 ·cited 18×
  Oscar Ray Bolin, Jr. appeals his second-degree murder conviction, challenging the trial court's jury instruction on manslaughter. The court affirms the denial of Bolin's motion to inspect grand jury testimony but reverses and remands for a new trial because the court failed to pr
• Carle v. State
  983 So. 2d 693· Fla. 1st DCA· 2008-06-05 ·cited 18×
  Kenneth Carle was convicted of possession of diazepam with intent to sell, but the appellate court reversed because the trial court abused its discretion by refusing to instruct the jury on simple possession as a lesser included offense. The court held that simple possession is a
• Labovick v. State
  958 So. 2d 1065· Fla. 4th DCA· 2007-06-13 ·cited 18×
  Defendant Labovick appealed his convictions for DUI manslaughter/failure to render aid and DUI, arguing that the dual convictions violated double jeopardy principles. The Fourth District Court of Appeal agreed that DUI is a lesser included offense subsumed within DUI manslaughter
• Bryann Acosta v. State
  856 So. 2d 1143· Fla. 4th DCA· 2003-10-22 ·cited 18×
  Bryann Acosta was convicted by jury of Burglary but the appellate court reversed his conviction due to the trial court's failure to conduct a Richardson hearing regarding a discovery violation, and also found the restitution assessment improper because it exceeded the value of pr
• Amok Hill v. State
  788 So. 2d 315· Fla. 1st DCA· 2001-05-17 ·cited 18×
  Amok Hill was convicted of possession of contraband in a correctional institution. He challenged the trial court's denial of his Rule 3.850 postconviction motion claiming ineffective assistance of counsel for failing to request a lesser included offense instruction. The appellate
• Waddell v. State
  696 So. 2d 1229· Fla. 3d DCA· 1997-06-04 ·cited 18×
  Mark Waddell was convicted of burglary, attempted first-degree murder, and robbery after a jury trial. The trial court subsequently granted a judgment of acquittal on a false imprisonment conviction (lesser included offense of kidnapping), but the appellate court reversed this ac
• Gaines v. State
  652 So. 2d 458· Fla. 4th DCA· 1995-03-22 ·cited 18×
  Larry Russell Gaines was convicted by jury of sexual battery and lewd assault. The appellate court affirmed the sexual battery conviction but reversed the lewd assault conviction because the trial court instructed the jury on the wrong statutory provision, violating the defendant
• Paige v. State
  641 So. 2d 179· Fla. 5th DCA· 1994-08-12 ·cited 18×
  Paige was convicted of possessing cocaine with intent to sell within 200 feet of a public housing facility. After his conviction, the Florida Supreme Court struck down the statute's 'public housing facility' language as unconstitutionally vague. The appellate court reversed and r
• Perrin v. State
  599 So. 2d 1365· Fla. 1st DCA· 1992-05-18 ·cited 18×
  Perrin appealed his convictions for grand theft and worthless check offenses, arguing he could not be convicted and sentenced for both crimes arising from the same transaction. The court affirmed the convictions and sentences, holding that the statutory elements of worthless chec
• United States v. Bafia
  949 F.2d 1465· 7th Cir.· 1991-12-10 ·cited 18×
  The court held that the refusal to instruct the jury that mere replacements do not count towards the five-person minimum for the drug kingpin statute was prejudicial error.
• United States v. Dennison
  937 F.2d 559· 10th Cir.· 1991-07-01 ·cited 18×
  The court held that the evidence was sufficient to support a finding of serious bodily injury, the jury instructions adequately covered the defendant's mental state defense, and the district court did not err in refusing lesser included offense instructions or denying a reduction
• United States v. Haar
  931 F.2d 1368· 10th Cir.· 1991-04-22 ·cited 18×
  The court affirmed the conviction, holding that the trial court did not err in refusing a lesser-included offense instruction, admitting a chemical catalog, denying mistrials for alleged prosecutorial misconduct, or calculating the guideline offense level based on stipulated proj