Lesser Included Offense

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

• United States v. Comosona
  848 F.2d 1110· 10th Cir.· 1988-06-09 ·cited 18×
  The court held that statements made by a defendant after invoking the right to counsel are admissible if the defendant initiates further communication and knowingly and intelligently waives that right, and that allegations of prejudice from preindictment and prearraignment delay
• Bateson v. State
  516 So. 2d 280· Fla. 1st DCA· 1987-11-05 ·cited 18×
  The court denied the state's motion for rehearing, clarifying its prior opinion and correcting a factual error regarding the classification of a lesser included offense.
• Cooper v. State
  512 So. 2d 1071· Fla. 1st DCA· 1987-09-10 ·cited 18×
  The court held that the trial court erred in refusing to instruct the jury that possession of less than 20 grams of cannabis was a lesser included offense to possession of contraband articles in a county detention facility.
• General Jackson Pride v. State
  511 So. 2d 1068· Fla. 1st DCA· 1987-08-24 ·cited 18×
  Appellant Jackson Pride challenges his convictions and sentences for armed burglary, sexual battery with a deadly weapon, and armed robbery across two consolidated cases. The appellate court affirms all sexual battery and burglary convictions but reverses the armed robbery convic
• Woratzeck v. Ricketts
  820 F.2d 1450· 9th Cir.· 1987-06-25 ·cited 18×
  The court held that the claim of right defense is eliminated for robbery by statute and that no theft instruction was warranted due to lack of supporting evidence.
• Trujillo v. Sullivan
  815 F.2d 597· 10th Cir.· 1987-04-01 ·cited 18×
  The court affirmed the dismissal of the habeas corpus petition, finding no constitutional violation in the trial court's procedures regarding lesser included offense instructions or jury voir dire.
• Perry v. Freddy V. Smith
  810 F.2d 1078· 11th Cir.· 1987-02-23 ·cited 18×
  The Due Process Clause does not require a state court to instruct the jury on lesser included offenses in a noncapital murder case.
• Johnson v. Thigpen
  806 F.2d 1243· 5th Cir.· 1986-12-17 ·cited 18×
  The court held that the Mississippi Supreme Court's inconsistent application of the 'especially heinous, atrocious or cruel' aggravating circumstance did not render the death sentence unconstitutional because the capital murder statute itself sufficiently narrows the class of eli
• Santiago v. State
  497 So. 2d 975· Fla. 4th DCA· 1986-11-19 ·cited 18×
  The court held that the evidence of force was sufficient for a robbery conviction but reversed the grand theft conviction due to insufficient allegations and prior precedent. The court also found the trial court erred in failing to consider statutory sentencing criteria.
• Weller v. State
  501 So. 2d 1291· Fla. 4th DCA· 1986-08-13 ·cited 18×
  Patrick Weller was convicted of trafficking and conspiracy to traffic in cocaine. The Fourth District Court of Appeal affirmed the trafficking conviction but reversed the conspiracy conviction, holding that the trial court erred by failing to instruct the jury on lesser included
• Jones v. State
  492 So. 2d 1124· Fla. 3d DCA· 1986-08-05 ·cited 18×
  Daniel Jones appeals his conviction for attempted burglary, arguing the evidence proved he committed the completed offense of burglary, not merely an attempt. The Florida Third District Court of Appeal affirms, holding that trial courts may instruct juries on lesser-included offe
• Johnson v. State
  484 So. 2d 1347· Fla. 4th DCA· 1986-03-12 ·cited 18×
  Terry Wayne Johnson was convicted by jury of kidnapping and felony murder in the death of Frances Julia Slater during a robbery. Johnson appealed arguing he was merely present and did not actively participate, challenging jury instructions, prosecutorial conduct, and whether the
• Brown v. State
  483 So. 2d 743· Fla. 5th DCA· 1986-01-23 ·cited 18×
  Jimmy Lee Brown appealed his convictions for trafficking in cocaine and possession of cannabis, challenging the sufficiency of evidence for constructive possession of contraband found in a borrowed vehicle's trunk where he was a passenger. The appellate court affirmed the convict
• United States v. Wozniak
  781 F.2d 95· 7th Cir.· 1985-12-30 ·cited 18×
  The court held that the defendant was not entitled to a jury instruction on multiple conspiracies, as the jury could convict on a variant of the charged crime, and the evidence supported the single conspiracy charged.
• Marrero v. State
  493 So. 2d 463· Fla. 3d DCA· 1985-10-08 ·cited 18×
  Juan Marrero appeals his conviction for attempted trafficking in cannabis, claiming entrapment. The Florida District Court of Appeal reverses, holding that the police engaged in entrapment as a matter of law by repeatedly soliciting Marrero over six months without evidence of pri
• United States v. Barrientos
  758 F.2d 1152· 7th Cir.· 1985-03-28 ·cited 18×
  The court held that while the trial court erred in failing to give a proper cautionary instruction regarding a co-defendant's midtrial acquittal, this error was not reversible. The conviction is affirmed.
• State v. Smith
  462 So. 2d 1102· Fla.· 1985-01-24 ·cited 18×
  The Florida Supreme Court addressed whether a trial court properly reclassified a defendant's manslaughter conviction from a second-degree to first-degree felony based on firearm use. The Court held that reclassification under section 775.087(1) may apply to lesser included offen
• Palmes v. Louie L. Wainwright
  460 So. 2d 362· Fla.· 1984-11-02 ·cited 18×
  Timothy Palmes, a death row inmate, petitioned for habeas corpus and appealed the denial of his rule 3.850 motion to vacate his murder conviction and death sentence. The Florida Supreme Court rejected his claims, including that proportionality review was inadequate and that the s
• Delaford v. State
  449 So. 2d 983· Fla. 2d DCA· 1984-05-11 ·cited 18×
  It is reversible error for a trial court to refuse a requested jury instruction on excusable homicide when an instruction for manslaughter is given.
• O'Hara v. State
  448 So. 2d 524· Fla. 5th DCA· 1984-03-01 ·cited 18×
  A defendant cannot be convicted of both extortion and theft when the same sum of money was taken through extortion, as the proof of extortion inherently includes the elements of theft.
• Smith v. State
  445 So. 2d 1050· Fla. 1st DCA· 1984-01-30 ·cited 18×
  The Florida appellate court reversed a sentence enhancement for firearm use during manslaughter, holding that a trial judge cannot reclassify a lesser included offense as a first-degree felony under Section 775.087(1) without an express jury finding that the defendant used a fire
• Harrielson v. State
  441 So. 2d 691· Fla. 5th DCA· 1983-11-17 ·cited 18×
  Leroy Harrielson was convicted of sexual battery and firearm possession. He appealed, arguing the trial court erred in refusing to instruct the jury on the lesser included offense of lewd and lascivious assault on a child. The court affirmed, holding that lewd assault is not a le
• United States v. Wirsing
  719 F.2d 859· 6th Cir.· 1983-10-10 ·cited 18×
  The court held that the district court abused its discretion by denying the defendant's motion for severance of the conspiracy and tax evasion charges, as the joinder prejudiced the defendant's right to a fair trial.
• Plunkett v. W.J. Estelle, Jr.
  709 F.2d 1004· 5th Cir.· 1983-07-22 ·cited 18×
  The majority erred by failing to give sufficient deference to the Texas Court of Criminal Appeals' findings regarding the jury charge and prosecutor's argument.
• Baker v. State
  431 So. 2d 263· Fla. 5th DCA· 1983-05-12 ·cited 18×
  The court held that aggravated assault and armed robbery are not the same offense for double jeopardy purposes, and separate sentences are permissible. The court also found the attempted murder charge was insufficient.
• Rotenberry v. State
  429 So. 2d 378· Fla. 1st DCA· 1983-03-18 ·cited 18×
  Rotenberry was convicted of trafficking in cocaine, sale of cocaine, and possession of cocaine, and sentenced to five concurrent years plus a $50,000 fine. On appeal, he challenged the conviction on entrapment grounds and contested multiple sentences for lesser included offenses.
• United States v. Harvey
  701 F.2d 800· 9th Cir.· 1983-03-15 ·cited 18×
  The Fourth Amendment requires a formal arrest prior to a blood sample seizure, unless the suspect is unconscious or too incapacitated to appreciate the significance of an arrest. A prior arrest is not required if the suspect is incapacitated.
• United States v. Williams
  684 F.2d 296· 4th Cir.· 1982-07-21 ·cited 18×
  The court held that the defendant waived the statute of limitations defense by requesting a jury instruction on the lesser included offense of second degree murder, even though that offense was time-barred.
• United States v. Loan Kim Barker
  681 F.2d 589· 9th Cir.· 1982-07-12 ·cited 18×
  Reinstatement of an indictment after a defendant successfully withdraws a guilty plea is not barred by the Double Jeopardy Clause, nor does it constitute prosecutorial vindictiveness.
• COX v. State
  412 So. 2d 354· Fla.· 1982-03-25 ·cited 18×
  The Florida Supreme Court held that a trial court lacked jurisdiction under Florida Rule of Criminal Procedure 3.170(g) to accept Cox's guilty plea to petit theft when the prosecution expressly objected, and therefore jeopardy never attached, allowing further prosecution on the o
• Thomas v. State
  405 So. 2d 1015· Fla. 1st DCA· 1981-10-20 ·cited 18×
  Edward James Thomas appeals convictions for burglary and grand theft arising from two residential break-ins on November 1, 1979. The First District Court of Appeal affirmed the convictions but vacated consecutive sentences for theft of a firearm and other property, holding that t
• Billions v. State
  399 So. 2d 1086· Fla. 1st DCA· 1981-06-22 ·cited 18×
  Claude Billions appealed his conviction for kidnapping and firearm charges, challenging his pro se representation, the trial court's failure to renew counsel offers at sentencing, and his conviction for a lesser-included offense. The appellate court upheld the valid waiver of cou
• Williams v. State
  399 So. 2d 999· Fla. 3d DCA· 1981-05-19 ·cited 18×
  Robert Williams appealed his conviction, arguing the trial court violated Florida Rule of Criminal Procedure 3.390(a) by failing to instruct the jury on maximum and minimum sentences for the offenses charged, as mandated by the Supreme Court's decision in Tascano v. State. The co
• Washington v. State
  392 So. 2d 599· Fla. 1st DCA· 1981-01-20 ·cited 18×
• Walker v. State
  386 So. 2d 630· Fla. 5th DCA· 1980-08-13 ·cited 18×
  Iris Walker appeals her convictions for resisting an officer with violence and battery on a law enforcement officer arising from a disturbance at a shoe store. The court reversed the battery conviction, holding that because battery was incidental to and included within the resist
• Ziegler v. State
  385 So. 2d 1168· Fla. 1st DCA· 1980-07-15 ·cited 18×
  John Earl Ziegler appealed his conviction for possession of a firearm by a convicted felon and possession of a short-barreled shotgun, challenging whether these convictions violated double jeopardy principles and whether separate sentences were proper. The court held that these a
• United States v. Hanson
  618 F.2d 1261· 8th Cir.· 1980-04-01 ·cited 18×
  The court affirmed the convictions, holding that the trial court did not err in refusing to instruct the jury on the defense of justification, in its instructions regarding assault and intoxication, or in its handling of lesser included offenses, cross-examination, voir dire, and
• Marcum v. State
  379 So. 2d 974· Fla. 5th DCA· 1979-12-27 ·cited 18×
  The court held that the felony-murder rule applies even when a co-felon is killed by a victim, and that defendants can be convicted of second-degree felony murder if present at the scene or acting as lookouts/escape assistants.
• Hollis Yates Odom v. State
  375 So. 2d 1079· Fla. 1st DCA· 1979-08-28 ·cited 18×
  Odom was charged with sexual battery but convicted of lewd, lascivious assault on a child under 14—an offense not alleged in the information. The court affirmed the conviction, finding that Odom waived objection to the lesser-included offense jury instruction through his particip
• RAY v. State
  374 So. 2d 1002· Fla. 2d DCA· 1979-07-06 ·cited 18×
  A conviction for an offense not charged is fundamental error, regardless of whether an objection was made to the jury charge.
• Cooper v. Campbell
  597 F.2d 628· 8th Cir.· 1979-04-25 ·cited 18×
  The failure to instruct the jury on manslaughter, when evidence supported it, constituted a due process violation cognizable in habeas corpus, as it removed the issue of malice from the jury's consideration.
• Pinder v. State
  366 So. 2d 38· Fla. 2d DCA· 1978-10-18 ·cited 18×
  Alfred Pinder appeals his convictions for first-degree murder, sexual battery, and burglary arising from a single criminal episode. The court affirms the murder and sexual battery convictions but reverses the burglary conviction, finding that double jeopardy principles prohibit c
• United States v. Nelson
  574 F.2d 277· 5th Cir.· 1978-06-02 ·cited 18×
  The court held that Nelson's § 924(c) conviction should be vacated due to Supreme Court precedent, and White's § 2113(d) conviction should be reversed and remanded for sentencing under § 2113(a) due to inconsistent jury instructions.
• Jones v. State
  356 So. 2d 4· Fla. 4th DCA· 1977-07-26 ·cited 18×
  Vera Jones appealed her manslaughter conviction, challenging the denial of her motion to suppress confession and the imposition of a mandatory minimum three-year sentence under Florida Statute 775.087(2). The court affirmed the conviction but vacated and remanded the sentence, ho
• United States v. Brown
  551 F.2d 236· 8th Cir.· 1977-03-16 ·cited 18×
  The court held that decoy packages addressed to a real person with proper postage constitute 'mail matter' under 18 U.S.C. § 1702, and that the presence of non-mail items does not invalidate an authorized depository's status.
• Nera Mims v. State
  342 So. 2d 116· Fla. 3d DCA· 1977-02-08 ·cited 18×
  The court held that the evidence was sufficient for a robbery conviction and that the trial court did not err in refusing to instruct the jury on assault and battery as a lesser included offense.
• Robinson v. State
  338 So. 2d 1309· Fla. 4th DCA· 1976-11-05 ·cited 18×
  Edward Robinson was convicted of manslaughter after being charged with second-degree murder in a shooting death. The Fourth District Court of Appeal reversed and remanded for a new trial, holding that the trial court reversibly erred by failing to instruct the jury on excusable h
• Dane Craig Garrison v. State
  340 So. 2d 1171· Fla. 4th DCA· 1976-10-29 ·cited 18×
  Dane Garrison was convicted of receiving stolen property and aggravated assault after the trial court refused to instruct the jury on the lesser included offense of attempt. The court held that the failure to give the requested instruction on attempt constitutes reversible error
• United States v. Daniels
  528 F.2d 705· 6th Cir.· 1976-02-03 ·cited 18×
  The court held that the defendant's statements were admissible, the jury's verdict was not inconsistent, and the trial court did not err in its procedural rulings.
• Robinson v. State
  323 So. 2d 62· Fla. 1st DCA· 1975-09-23 ·cited 18×
  Chris Robinson was convicted of robbery, use of a firearm during a felony, and aggravated assault arising from the same transaction. The court held that the lesser included offense charges could not stand as separate sentences where all counts involved the same criminal transacti