Lesser Included Offense

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

• United States v. Parr
  509 F.2d 1381· 5th Cir.· 1975-03-24 ·cited 18×
  The court affirmed the convictions, holding that the evidence supported the jury's findings regarding unreported income and tax evasion, and that no reversible error occurred.
• Kwasniewski v. State
  303 So. 2d 373· Fla. 1st DCA· 1974-11-21 ·cited 18×
  Thomas Kwasniewski was convicted by jury of possession and sale of marijuana and LSD. The appellate court reversed for a new trial, finding that the trial court erred in denying his requested jury instruction on entrapment, and that his testimony presented sufficient evidence of
• United States v. Upthegrove
  504 F.2d 682· 6th Cir.· 1974-10-18 ·cited 18×
  The court held that probable cause and exigent circumstances justified the warrantless search of the automobile, and that the conviction for simple possession merged with the conviction for possession with intent to distribute.
• United States v. Rucker
  496 F.2d 1241· 8th Cir.· 1974-06-04 ·cited 18×
  The court held that the defendant's Fifth and Sixth Amendment rights were not violated by the delay in his arrest and trial, and that the trial court did not err in refusing a lesser-included offense instruction or in allowing potential impeachment by prior convictions.
• Priester v. State
  294 So. 2d 421· Fla. 4th DCA· 1974-05-17 ·cited 18×
  A defendant cannot be convicted of a crime with which they were not charged, even if it is a lesser included offense.
• Scaldeferri v. State
  294 So. 2d 407· Fla. 3d DCA· 1974-04-30 ·cited 18×
  Five defendants convicted of conspiracy to commit robbery and conspiracy to commit grand larceny appealed their convictions and sentences. The court affirmed the convictions but reversed the sentences for conspiracy to commit grand larceny, holding that defendants cannot be sente
• McDONALD v. Louie L. Wainwright
  493 F.2d 204· 5th Cir.· 1974-04-26 ·cited 18×
  The court held that the state violated double jeopardy and collateral estoppel principles by prosecuting the defendant for breaking and entering with intent to commit rape after he had been acquitted of rape and attempted rape.
• Hardrick v. State
  293 So. 2d 135· Fla. 2d DCA· 1974-04-19 ·cited 18×
  Appellant Hardrick appeals the revocation of his probation and resulting 15-year sentence for breaking and entering a telephone booth and concurrent 5-year sentence for grand larceny. The court affirmed the revocation but remanded because the trial court illegally imposed concurr
• United States v. Grant
  489 F.2d 27· 8th Cir.· 1973-12-07 ·cited 18×
  The court held that a new rule regarding lesser-included offense instructions should apply to cases not yet final, even if counsel waived the instruction at trial, because the waiver was not intentional and knowing.
• Bass v. State
  263 So. 2d 611· Fla. 4th DCA· 1972-05-19 ·cited 18×
  Jimmy Bass appeals his conviction for lewd and lascivious assault on a minor under Florida Statute 800.04. The appellate court affirmed the conviction, holding that although the charging document omitted statutory language limiting the offense to cases without intent to commit ra
• United States v. Beneke
  449 F.2d 1259· 8th Cir.· 1971-10-22 ·cited 18×
  The court affirmed the convictions, holding that the alleged judicial bias stemmed from the judge's judicial capacity and not an extrajudicial source, and that the trial court did not err in its jury instructions or in refusing to instruct on malicious mischief as a lesser includ
• United States v. Methvin
  441 F.2d 584· 5th Cir.· 1971-04-09 ·cited 18×
  The court held that a lesser-included offense instruction was proper even when the defendant complains about it, if there is a disputed issue of fact regarding an element of the greater offense.
• United States ex rel. Roy C. Brown v. Hon. J. Edwin LaVALLEE
  424 F.2d 457· 2d Cir.· 1970-04-09 ·cited 18×
  The court held that a guilty plea is not rendered involuntary merely because the defendant faced the possibility of the death penalty if convicted at trial, especially when the plea is to a lesser offense and the state's sentencing scheme does not create an unconstitutional diffe
• Newkirk v. State
  222 So. 2d 435· Fla. 3d DCA· 1969-05-06 ·cited 18×
  The court held that a defendant cannot be convicted of accessory after the fact when charged only with robbery, as it is a separate offense and not a lesser included offense.
• United States v. Horning
  409 F.2d 424· 4th Cir.· 1969-04-04 ·cited 18×
  The court held that the evidence was insufficient to prove the value of the stolen property exceeded $100, but affirmed the conviction for the lesser included offense of larceny of property valued at $100 or less.
• Reilly v. State
  212 So. 2d 796· Fla. 3d DCA· 1968-07-16 ·cited 18×
  Robert Reilly was convicted by jury of breaking and entering an apartment while armed with a pistol, intending to commit grand larceny. He appeals his life sentence, challenging the prosecutor's cross-examination about his silence at arrest, jury instruction procedures, sentencin
• Rogan v. State
  203 So. 2d 24· Fla. 3d DCA· 1967-10-17 ·cited 18×
  Richard Rogan was convicted of aggravated assault based on throwing a flower pot through a window. The Florida appellate court reversed the conviction, finding insufficient evidence that the flower pot qualified as a deadly weapon, and remanded for conviction on the lesser offens
• Stewart v. State
  187 So. 2d 358· Fla. 1st DCA· 1966-06-14 ·cited 18×
  The Florida District Court of Appeal upheld Raymond Stewart's conviction for the misdemeanor of using a motor vehicle without the owner's consent, rejecting his argument that the charge was improperly brought as a lesser included offense of the felony larceny charge. The court he
• Wilkins v. State
  155 So. 2d 129· Fla.· 1963-06-28 ·cited 18×
  Two defendants were convicted of first-degree murder for bludgeoning an 84-year-old man to death during a home invasion, robbery, and rape. The Florida Supreme Court upheld their death sentences, addressing challenges to the sufficiency of evidence, admissibility of colored crime
• Evans v. United States
  277 F.2d 354· D.C. Cir.· 1960-03-31 ·cited 18×
• Green v. United States
  236 F.2d 708· D.C. Cir.· 1956-06-28 ·cited 18×
  The dissenting judge believes Green cannot be tried again for first-degree murder because his prior appeal only concerned the second-degree murder conviction, and thus did not waive his double jeopardy rights.
• Hodella v. State
  158 Fla. 94· Fla.· 1946-11-01 ·cited 18×
  The Florida Supreme Court affirmed a conviction for manslaughter, holding that evidence sufficient for a first-degree murder conviction was also sufficient for a lesser homicide charge. The court found no reversible error in the trial.
• Lamore v. United States
  136 F.2d 766· D.C. Cir.· 1943-05-29 ·cited 18×
  A defendant can be convicted of larceny when indicted for robbery, as larceny is a lesser included offense of robbery.
• Hancock v. State
  90 Fla. 178· Fla.· 1925-07-23 ·cited 18×
  Frances Hancock was convicted of assault with intent to commit manslaughter after shooting Dr. Wildman during a dispute over a drug store purchase. The Florida Supreme Court affirmed the conviction, rejecting challenges to the admissibility of evidence, jury instructions, and the
• Koch v. State
  39 So. 3d 464· Fla. 2d DCA· 2010-07-07 ·cited 17×
  The court held that the trial court erred in refusing to instruct the jury on the lesser included offense of refusal to obey an officer's lawful order, as the statute applies to non-emergency situations.
• Grant v. State
  864 So. 2d 503· Fla. 4th DCA· 2004-01-07 ·cited 17×
  The court held that the defendant's claim of ineffective assistance of counsel based on a requested jury instruction for a lesser included offense, which was not properly a lesser included offense, could not be decided on direct appeal because prejudice was not apparent from the
• Nesbitt v. State
  819 So. 2d 993· Fla. 5th DCA· 2002-06-28 ·cited 17×
  Ronald Nesbitt appeals his convictions for aggravated assault and battery arising from an incident where he used a stun gun against his wife. The Fifth District affirmed, holding that because defense counsel expressly agreed to aggravated assault as a lesser included offense and
• Jimenez v. State
  715 So. 2d 1038· Fla. 3d DCA· 1998-07-29 ·cited 17×
  Juan Jimenez was convicted of conspiracy to traffic in cocaine, possession of cocaine, and resisting an officer without violence following a jury trial in a reverse sting operation. The appellate court affirmed his convictions, finding sufficient circumstantial evidence to suppor
• Montgomery v. State
  704 So. 2d 548· Fla. 1st DCA· 1997-06-04 ·cited 17×
  David Montgomery appealed his convictions on multiple counts, challenging the reclassification of his aggravated battery conviction from second-degree to first-degree felony and the discrepancy between his oral and written sentences. The state appealed the dismissal of a firearm
• Romero v. State
  637 So. 2d 7· Fla. 4th DCA· 1994-05-04 ·cited 17×
  In this case, the Fourth District Court of Appeal addressed a situation where two co-defendants tried together received disparate treatment on appeal—Romero's conviction was affirmed while his co-defendant Gonzalez's conviction was later reversed for the same error. The court gra
• Cave v. State
  613 So. 2d 454· Fla.· 1993-02-04 ·cited 17×
  The Florida Supreme Court answered a certified question of great public importance regarding whether temporal proximity of crimes alone justifies departure from sentencing guidelines without a finding of persistent criminal conduct. The Court quashed the district court decision a
• von Deck v. State
  593 So. 2d 1129· Fla. 5th DCA· 1992-02-07 ·cited 17×
  The court held that the trial court erred in instructing the jury on aggravated assault because the charging document did not allege all the elements of that offense.
• United States v. Rivera-Feliciano
  930 F.2d 951· 1st Cir.· 1991-04-17 ·cited 17×
  The court held that the second prosecution did not violate the Double Jeopardy Clause because the offenses charged required proof of different facts and the government did not need to prove conduct for which the defendant had already been prosecuted.
• Falconer v. Lane
  905 F.2d 1129· 7th Cir.· 1990-06-29 ·cited 17×
  The court held that the jury instructions given at trial were constitutionally inadequate under the Fourteenth Amendment's Due Process Clause because they allowed the jury to return a murder verdict even if findings supported voluntary manslaughter.
• United States v. Gregory
  891 F.2d 732· 9th Cir.· 1989-12-08 ·cited 17×
  The court held that bank larceny is not a lesser included offense of bank robbery, the in-court identifications were admissible, and the defendant was not in custodial interrogation. However, the special assessment was reversed.
• Sanborn v. State
  513 So. 2d 1380· Fla. 3d DCA· 1987-10-27 ·cited 17×
  Russell Sanborn appeals convictions for first-degree murder, burglary, robbery, kidnapping, and aggravated battery arising from a home invasion where he held the Abramsons at gunpoint, robbed them, and killed their daughter. The appellate court reverses the kidnapping convictions
• United States v. Williams
  775 F.2d 1295· 5th Cir.· 1985-11-05 ·cited 17×
  The court held that the district court exceeded statutory limits by imposing a life sentence without a jury recommendation, and that the jury instructions on flight were proper.
• Tsavaris v. State
  414 So. 2d 1087· Fla. 2d DCA· 1982-05-07 ·cited 17×
  Dr. Louis Tsavaris appeals his conviction for manslaughter in the death of a former patient with whom he allegedly had an affair. The court affirms, holding that sufficient evidence supported the jury's verdict, including evidence of the dangerous asphyxiation technique allegedly
• United States v. DeVINCENT
  632 F.2d 155· 1st Cir.· 1980-09-16 ·cited 17×
  An acquittal on a broader RICO conspiracy charge does not bar retrial on a lesser included or separate substantive extortion charge where a mistrial was declared due to a hung jury.
• Willard v. State
  386 So. 2d 869· Fla. 1st DCA· 1980-08-14 ·cited 17×
  John Owen Willard appeals his convictions for aggravated assault and improper exhibition of a dangerous weapon. The appellate court affirmed the aggravated assault conviction but reversed the improper exhibition conviction, finding it was not a lesser included offense of the char
• Stanford Legray Knight v. State
  374 So. 2d 1065· Fla. 3d DCA· 1979-08-14 ·cited 17×
  Knight was convicted of attempted first-degree murder and aggravated battery for shooting at James Jones, hitting him with five of 15-20 shots fired. The Florida District Court of Appeal reversed for a new trial due to prosecutorial misconduct involving a reference to the defenda
• Andrews v. State
  343 So. 2d 844· Fla. 1st DCA· 1976-10-11 ·cited 17×
  Appellant Andrews appealed his judgment for aggravated assault, challenging the trial court's acceptance of his guilty plea. The appellate court found that while the information did not charge use of a weapon and the plea inquiry was inadequate regarding a possible self-defense c
• Minor v. State
  329 So. 2d 30· Fla. 2d DCA· 1976-03-24 ·cited 17×
  William Minor was convicted of trespass after warning based on a jury instruction for a lesser included offense, but the crime of trespass after warning was not alleged in the information charging him with entering without breaking. The court reversed, holding that a category (4)
• Falstreau v. State
  326 So. 2d 194· Fla. 4th DCA· 1976-02-06 ·cited 17×
  Matthew Falstreau was convicted by jury of breaking and entering with intent to commit rape and aggravated assault as a lesser included offense of rape. The court held that aggravated assault was fundamental error as a conviction because it was not alleged in the indictment and d
• United States v. Poms
  484 F.2d 919· 4th Cir.· 1973-09-26 ·cited 17×
  The court held that the cocaine found in the defendant's bag was admissible evidence because its discovery was the result of a valid protective search for weapons under Terry v. Ohio, and the denial of the motion to disclose the informant's identity was proper as the informant wa
• Amos H. Miller and Doris Miller v. State
  170 So. 2d 319· Fla. 2d DCA· 1964-12-09 ·cited 17×
  Amos and Doris Miller were convicted of operating a lottery based on evidence from a search of their home. The appellate court reversed Doris Miller's conviction for insufficient evidence of her participation, reversed Amos Miller's conviction due to the trial court's failure to
• Chaifetz v. United States
  288 F.2d 133· D.C. Cir.· 1960-11-10 ·cited 17×
  A defendant cannot be convicted of a lesser included offense if that offense is barred by the statute of limitations, even if the greater offense is not barred.
• Whittaker v. United States
  281 F.2d 631· D.C. Cir.· 1960-07-14 ·cited 17×
  The court held that the trial court erred by forcing the defendant to choose between inconsistent defenses, and that the jury should have been instructed to consider the lesser included offense first.
• v. I.D. No. 1404000692 Cr. A. No. IN14-12-1394-1396 Alex Ryle
  2015 WL 5004903· Del. Super. Ct.· 2021-06-02 ·cited 16×
  The Delaware Superior Court denied the defendant's motion for correction of an illegal sentence, finding that his convictions and sentences for Carrying a Concealed Deadly Weapon-Firearm (CCDW), Possession of a Firearm by a Person Prohibited (PFBPP), and Possession of Ammunition
• Wheeler v. State
  203 So. 3d 1007· Fla. 4th DCA· 2016-11-09 ·cited 16×
  Andrew Wheeler was convicted of aggravated child abuse as a first-degree felony for fighting a 16-year-old at a house party. The appellate court reversed, finding the evidence insufficient to prove torture, malicious punishment, or great bodily harm as required by the statute, wh