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

• Armstrong v. State
  579 So. 2d 734· Fla.· 1991-05-09 ·cited 119×
  A defendant waives the right to claim fundamental error regarding jury instructions when defense counsel specifically requests an abbreviated or erroneous instruction.
• Sanders v. State
  946 So. 2d 953· Fla.· 2006-10-12 ·cited 118×
  The Florida Supreme Court held that a defendant cannot establish prejudice under Strickland v. Washington for ineffective assistance of counsel based on trial counsel's failure to request a jury instruction on a lesser-included offense, because any finding of prejudice would nece
• Boris McKINNEY v. State
  579 So. 2d 80· Fla.· 1991-05-02 ·cited 118×
  Boris McKinney was convicted of first-degree murder and related felonies in connection with the robbery and murder of Franz Patella. The Florida Supreme Court affirmed his convictions and most sentences but vacated the death sentence, finding that two of the three aggravating cir
• State v. Enmund
  476 So. 2d 165· Fla.· 1985-08-29 ·cited 117×
  The Florida Supreme Court held that a defendant convicted of felony murder can also be convicted and sentenced for the underlying felony because the underlying felony is not a necessarily lesser included offense of felony murder. The court overruled prior precedent and clarified
• United States v. Gary L. "Scott" Dickey
  736 F.2d 571· 10th Cir.· 1984-05-29 ·cited 117×
  The court held that there was sufficient evidence to support Mr. Friedrich's conviction for conspiracy.
• State v. Smith
  240 So. 2d 807· Fla.· 1970-10-28 ·cited 116×
  The court reviewed a decision that allegedly conflicted with prior rulings on the point of law regarding lesser included offenses. The defendant was charged with conspiracy to commit first-degree murder but convicted of conspiracy to commit assault and battery, with no objection
• Fuller v. United States
  407 F.2d 1199· D.C. Cir.· 1967-11-20 ·cited 116×
  The court held that it was prejudicial error to permit convictions of two degrees of homicide for the same death, contrary to prior precedent.
• Southworth v. State
  98 Fla. 1184· Fla.· 1929-12-30 ·cited 116×
  T. Southworth was convicted of murder in the first degree for shooting Horace M. Wells during a robbery on February 23, 1929, resulting in Wells' death on March 1, 1929. The Florida Supreme Court affirmed the conviction, rejecting Southworth's claim of former jeopardy based on pr
• State v. Eduards Wilson
  680 So. 2d 411· Fla.· 1996-07-03 ·cited 113×
  When a conviction for attempted felony murder is vacated because the offense no longer exists, the proper remedy is to remand for retrial on any lesser included offenses that were instructed upon at trial.
• State v. Baker
  452 So. 2d 927· Fla.· 1984-06-07 ·cited 113×
  The court held that the actions of a private school, which receives almost all its funding from the state, is heavily regulated, and fulfills the state's statutory duty to educate special needs children, can be considered state action for the purposes of constitutional claims.
• Amos Augustus Williams v. State
  123 So. 3d 23· Fla.· 2013-02-14 ·cited 112×
  The Florida Supreme Court held that giving the standard jury instruction on attempted manslaughter by act constitutes fundamental error when a defendant is convicted of a crime no more than one step removed from attempted manslaughter, because the instruction erroneously requires
• Goswick v. State
  143 So. 2d 817· Fla.· 1962-07-18 ·cited 112×
  The Florida Supreme Court held that a trial judge must instruct a jury on assault and battery as a lesser included offense when charged with aggravated assault, if the evidence supports a conviction for the lesser crime. The court reversed the District Court of Appeal's decision
• Ekberg v. United States
  167 F.2d 380· 1st Cir.· 1948-03-25 ·cited 112×
  The court held that the indictment's wording was sufficient to charge an offense, but the separate sentencing on count 1 was improper.
• Leronnie Lee Walton v. State
  208 So. 3d 60· Fla.· 2016-12-01 ·cited 110×
  The Florida Supreme Court reversed the First District Court of Appeal's decision affirming Leronnie Lee Walton's convictions for attempted murder and armed robbery of law enforcement officers. The court held that mandatory minimum sentences under the 10-20-Life statute need not r
• Montgomery v. State
  70 So. 3d 603· Fla. 1st DCA· 2009-02-12 ·cited 110×
  Steven Montgomery appeals his second-degree murder conviction, arguing that the trial court committed fundamental error by giving a jury instruction for manslaughter that erroneously suggested intent to kill is an element of that crime. The First District Court of Appeal agreed,
• Amado v. State
  585 So. 2d 282· Fla.· 1991-09-05 ·cited 110×
  The Florida Supreme Court held that a trial court erred in refusing to instruct the jury on simple possession as a lesser included offense of trafficking in cocaine when the information alleged trafficking by possession, sale, manufacture, or delivery, and evidence supported the
• DeLAINE v. State
  262 So. 2d 655· Fla.· 1972-05-03 ·cited 110×
  The Florida Supreme Court addressed whether the trial court erred in refusing to instruct the jury on lesser included offenses (fornication and assault and battery) in a rape case. The Court held that fornication is not a lesser included offense of rape, but that assault and batt
• State v. Hightower
  509 So. 2d 1078· Fla.· 1987-04-02 ·cited 107×
  Lewd and lascivious conduct is not a necessarily included lesser offense of sexual battery under section 800.04, as amended in 1984, because the statutory amendment made the two crimes mutually exclusive by providing that conduct constituting sexual battery cannot be prosecuted a
• State v. Gibson
  452 So. 2d 553· Fla.· 1984-06-14 ·cited 107×
  The Florida Supreme Court reversed its prior decision and held that a defendant may be separately convicted and punished for both robbery while armed and use or display of a firearm during commission of a felony, even though based on a single criminal episode, because the offense
• Alva Gene Franklin v. State
  257 So. 2d 21· Fla.· 1971-12-17 ·cited 107×
  The Florida Supreme Court held that Fla. Stat. § 800.01, which criminalized the 'abominable and detestable crime against nature,' was unconstitutionally vague for failing to inform persons of average intelligence what conduct is prohibited. The court invalidated the statute while
• Belton v. United States
  382 F.2d 150· D.C. Cir.· 1967-06-16 ·cited 107×
  The dissenting judge believes the majority erred in finding the jury charge and evidence sufficient for a first-degree murder conviction.
• Bell v. State
  394 So. 2d 979· Fla.· 1981-01-08 ·cited 106×
  Specific intent remains a requisite element of the crime of robbery under Section 812.13, Florida Statutes, despite the legislature's omission of the word 'felonious' from the statutory definition.
• United States v. Thomas
  757 F.2d 1359· 2d Cir.· 1985-03-11 ·cited 104×
• State v. Hargrove
  694 So. 2d 729· Fla.· 1997-05-15 ·cited 102×
  A sentencing judge cannot impose a mandatory minimum sentence for firearm use without a specific jury finding of that fact, even if the defendant does not contest firearm use and defends on grounds of insanity.
• Atwater v. State
  788 So. 2d 223· Fla.· 2001-06-07 ·cited 101×
  Jeffrey Lee Atwater, a death row inmate, appealed the denial of his Rule 3.850 post-conviction motion and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial of both the post-conviction motion and habeas petition, rejecting claims of i
• Bouters v. State
  659 So. 2d 235· Fla.· 1995-04-27 ·cited 101×
  Scott Bouters challenges the constitutionality of Florida's stalking statute (§ 784.048) after being charged with aggravated stalking for harassing his ex-girlfriend in violation of a domestic violence injunction. The Florida Supreme Court upholds the statute, finding it neither
• Pope v. State
  268 So. 2d 173· Fla. 2d DCA· 1972-09-27 ·cited 101×
  An information charging possession of marijuana must allege either a prior Drug Abuse Law conviction or possession of more than five grams to constitute a felony and vest jurisdiction in the felony court; these are essential jurisdictional elements that cannot be waived by guilty
• Tucker v. State
  726 So. 2d 768· Fla.· 1999-01-21 ·cited 99×
  The Florida Supreme Court held that a jury verdict finding a defendant guilty of a crime "with a firearm" satisfies the requirement for enhancing sentences under Florida's firearm enhancement statutes, even without a separate special verdict form, provided the verdict form itself
• McCREARY v. State
  371 So. 2d 1024· Fla.· 1979-05-10 ·cited 99×
  The Florida Supreme Court upheld section 782.071, the vehicular homicide statute, against a vagueness challenge and affirmed the conviction of a driver whose vehicle struck another car at an intersection, killing a passenger. The court held that vehicular homicide is a lesser inc
• United States v. Brantley
  733 F.2d 1429· 11th Cir.· 1984-05-23 ·cited 97×
  The court held that venue was proper for possession with intent to distribute charges against appellants who aided and abetted the crime, and that certain conspiracy convictions merge with a continuing criminal enterprise conviction. The court also found that the investigation in
• Brown v. State
  245 So. 2d 68· Fla.· 1971-02-17 ·cited 97×
  Bill Brown, Jr. was convicted of first-degree murder and sentenced to death. On direct appeal, the Florida Supreme Court upheld the conviction, rejecting Brown's challenges to his competency evaluation, his confession's voluntariness, the admissibility of the murder weapon obtain
• Bianchi v. United States
  219 F.2d 182· 8th Cir.· 1955-02-10 ·cited 97×·via Included Offense
  The court held that the Anti-Racketeering Act's definition of extortion includes fear of economic loss, and that the evidence supported the jury's verdict of guilt for conspiracy and obstruction of commerce by extortion.
• McMILLEN v. United States
  386 F.2d 29· 1st Cir.· 1967-11-28 ·cited 96×
  The court held that the "plain error" standard applied due to the jury instructions on witness presumption and the lack of cautionary instructions for accomplice testimony, warranting reversal for one appellant but not the other due to differing levels of corroborating evidence.
• Melvee Tucker v. State
  459 So. 2d 306· Fla.· 1984-10-25 ·cited 95×
  The Florida Supreme Court held that failure to allege venue in an indictment is an error of form rather than substance and does not render the indictment void absent a showing of prejudice to the defendant. The Court also held that a defendant's mere request for jury instructions
• United States v. Holzer
  840 F.2d 1343· 7th Cir.· 1988-02-19 ·cited 94×
  The court held that Holzer's mail fraud conviction, based on the 'intangible rights' doctrine, must be vacated in light of McNally v. United States. The court also vacated the RICO conviction due to uncertainty regarding the predicate offenses used by the jury.
• State v. Bruns
  429 So. 2d 307· Fla.· 1983-03-24 ·cited 94×
  The Florida Supreme Court held that when a defendant is convicted of a greater offense and the jury receives an instruction on an attempt to commit that offense, the failure to instruct on a lesser-included offense carrying a lower penalty is reversible error, not harmless error.
• United States v. Burns
  624 F.2d 95· 10th Cir.· 1980-03-31 ·cited 94×
  The court held that the search warrant was supported by probable cause, the agent's eavesdropping was lawful, and the drug-sniffing dog's actions did not constitute a search. However, the evidence was insufficient to support the jury's inference of intent to distribute for two de
• Wilmer Lane Easter v. Estelle
  609 F.2d 756· 5th Cir.· 1980-01-09 ·cited 94×
  The court held that the petitioner's claims regarding jury instructions and ineffective assistance of counsel lacked merit and did not warrant federal habeas corpus relief.
• McPHEE v. State
  254 So. 2d 406· Fla. 1st DCA· 1971-11-16 ·cited 94×
  Bruce Merrill McPhee was convicted of illegally possessing LSD after the state withdrew its charge of illegal sale. McPhee had moved to compel the state to elect between the two counts, arguing that possession was a lesser included offense of sale. The appellate court affirmed th
• United States v. Buckley
  586 F.2d 498· 5th Cir.· 1978-12-18 ·cited 93×
  The court held that failure to file a tax return is a lesser included offense of attempted tax evasion when the failure to file is the affirmative act relied upon for the evasion charge, and thus convictions for both cannot stand. The court also held that the trial court did not
• State v. Carpenter
  417 So. 2d 986· Fla.· 1982-07-29 ·cited 92×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant could be convicted and sentenced for both battery on a law enforcement officer and resisting arrest with violence committed in the same criminal episode. The Court held that the Bl
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (97-2)
  723 So. 2d 123· Fla.· 1998-07-16 ·cited 91×
  The Florida Supreme Court adopted proposed amendments to the Florida Standard Jury Instructions in Criminal Cases, including new instructions on duress/necessity, entrapment, false imprisonment, DUI offenses, sexual activity with minors, and a revised schedule of lesser included
• State v. Chapman
  625 So. 2d 838· Fla.· 1993-09-23 ·cited 91×
  The Florida Supreme Court resolved a conflict between district courts of appeal regarding whether a defendant can be convicted and sentenced for both DUI manslaughter and vehicular homicide based on a single death. The Court held that despite a 1988 statutory amendment broadening
• Wilcott v. State
  509 So. 2d 261· Fla.· 1987-05-21 ·cited 90×
  A defendant charged with introducing or possessing contraband in a state correctional facility is entitled to a jury instruction on simple possession of less than twenty grams of cannabis as a lesser included offense when the pleadings and evidence demonstrate that the lesser off
• United States v. Liefer
  778 F.2d 1236· 7th Cir.· 1985-12-04 ·cited 90×
  The court held that evidence of prior bad acts is admissible under Fed.R.Evid. 404(b) to prove specific intent, an essential element of the crime, even if the defendant denies committing the act itself. The court also held that prosecutorial misconduct and the denial of a lesser
• Enoch Lewis, Jr. v. State
  377 So. 2d 640· Fla.· 1979-11-01 ·cited 90×
  Enoch Lewis, Jr. was convicted of first-degree murder in the shooting death of Essie Lee Martin and sentenced to death. The Florida Supreme Court affirmed the conviction but vacated the death sentence because the trial court improperly found two of three aggravating circumstances
• United States v. Noble C. Beasley
  519 F.2d 233· 8th Cir.· 1975-09-05 ·cited 90×
  The court affirmed the conviction for conspiracy and tax evasion but reversed the sentence for filing a fraudulent tax return, finding no plain error in the jury instructions or the denial of severance.
• United States v. Oropeza
  564 F.2d 316· 9th Cir.· 1977-11-08 ·cited 89×
  The court held that possession with intent to distribute and distribution of heroin are lesser included offenses when the evidence of possession is solely derived from the distribution act, thus precluding consecutive sentences. However, the court affirmed convictions for conspir
• Sanford v. State
  75 Fla. 393· Fla.· 1918-03-07 ·cited 89×
  Sanford was convicted of assault and battery in Criminal Court of Record, then indicted in Circuit Court for rape based on the same incident. The Florida Supreme Court held that a prior conviction of a lesser included offense bars subsequent prosecution for the greater offense, r
• Gaber v. State
  684 So. 2d 189· Fla.· 1996-12-12 ·cited 88×
  The Florida Supreme Court resolved a conflict between district courts over whether double jeopardy prohibits separate convictions for armed burglary and grand theft of a firearm arising from a single criminal episode. The Court held that double jeopardy does not bar separate conv