Lesser Included Offense

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

• State v. Miller
  193 So. 3d 1001· Fla. 3d DCA· 2016-06-01 ·cited 16×
  The State appealed a trial court order reducing charges against Daryl Miller from driving with a suspended license under section 322.34(5) to the lesser included offense of driving without a valid driver's license. The Third District affirmed, holding that section 322.34(5) requi
• Viron Paul v. State
  183 So. 3d 1154· Fla. 5th DCA· 2015-12-31 ·cited 16×
  Virón Paul appeals the summary denial of his Rule 3.850 postconviction motion, arguing ineffective assistance of trial counsel for failing to object to a fundamentally erroneous jury instruction on manslaughter by intentional act. The court reverses and remands for a new trial, f
• A.D. v. State
  106 So. 3d 67· Fla. 2d DCA· 2013-02-06 ·cited 16×
  A juvenile appellant (A.D.) was adjudicated delinquent for multiple offenses stemming from a nighttime incident involving trespassing on private property, an ATV crash, and the theft of a minivan. The court reversed the adjudications for burglary and grand theft of the motor vehi
• Curry v. State
  64 So. 3d 152· Fla. 2d DCA· 2011-06-15 ·cited 16×
  Bryan Curry petitioned for post-conviction relief claiming his appellate counsel was ineffective for failing to argue that the jury instruction on manslaughter by act constituted fundamental error. The court agreed and reversed his second-degree murder conviction, holding that ap
• Bass v. State
  45 So. 3d 970· Fla. 3d DCA· 2010-10-13 ·cited 16×
  Antonio Bass appeals his conviction for two counts of attempted second degree murder, arguing the trial court erred in instructing the jury on the elements of attempted voluntary manslaughter. The appellate court agrees and reverses, finding the instruction conflicted with the Fl
• Claps v. State
  971 So. 2d 131· Fla. 2d DCA· 2007-11-16 ·cited 16×
  The court affirmed the denial of Claps' postconviction relief motion challenging his conviction for multiple offenses including DUI manslaughter. The court clarified that while a defendant cannot be adjudicated and sentenced for both an offense and its necessarily lesser-included
• T.S. v. State
  965 So. 2d 1288· Fla. 2d DCA· 2007-10-19 ·cited 16×
  The court held that the evidence was insufficient to prove the specific intent required for aggravated battery, but sufficient for felony battery.
• Sanders v. State
  912 So. 2d 1286· Fla. 2d DCA· 2005-11-04 ·cited 16×
  Sanders appeals his conviction for attempted second-degree murder while discharging a firearm and inflicting great bodily harm, arguing the conviction on a lesser-included offense was improper because the mandatory sentence imposed (life imprisonment) was as severe or more severe
• Cowboy Sherrer v. State
  898 So. 2d 260· Fla. 1st DCA· 2005-03-17 ·cited 16×
  Cowboy Sherrer was convicted of lewd and lascivious molestation. He appealed claiming the trial court erred by refusing to instruct the jury on the lesser-included offense of unnatural and lascivious act, and that his trial counsel was ineffective for failing to object to hearsay
• Hill v. State
  873 So. 2d 491· Fla. 1st DCA· 2004-05-13 ·cited 16×
  John Nicholas Hill appealed his conviction for cocaine trafficking, arguing the trial court erred in denying his motion for judgment of acquittal. The appellate court agreed that the evidence was insufficient to prove constructive possession of the entire quantity of cocaine foun
• Chambers v. State
  880 So. 2d 696· Fla. 2d DCA· 2004-04-28 ·cited 16×
  Patrick Chambers was convicted of aggravated assault with a firearm and tampering with evidence after being charged with attempted second-degree murder. The court affirmed his convictions, holding that the inclusion of an unauthorized lesser-included offense instruction was not f
• Sampson v. State
  863 So. 2d 404· Fla. 4th DCA· 2003-12-31 ·cited 16×
  Michael Sampson appealed his convictions for possession of cocaine and cannabis with intent to distribute after police found drugs in a fanny pack on a borrowed bicycle. The court reversed the conviction for cocaine possession with intent to sell, finding insufficient evidence of
• Sims v. State
  793 So. 2d 1153· Fla. 4th DCA· 2001-09-12 ·cited 16×
  The court held that separate convictions for possession with intent to sell cannabis and possession of the same cannabis violate double jeopardy protections.
• Fentriss Royce White v. State
  753 So. 2d 668· Fla. 1st DCA· 2000-03-09 ·cited 16×
  Dual convictions for burglary with assault while armed and aggravated assault with a firearm violate double jeopardy.
• Pryor v. State
  755 So. 2d 155· Fla. 4th DCA· 2000-03-01 ·cited 16×
  The court held that the trial court's failure to instruct the jury on a permissive lesser included offense was harmless error, but erred in assessing victim injury points and convicting on two counts arising from the same act.
• York v. State
  731 So. 2d 802· Fla. 4th DCA· 1999-04-21 ·cited 16×
  Due process does not require a trial court to conduct an on-the-record inquiry to determine if a defendant understands the consequences when their attorney concedes guilt as a trial strategy.
• Geddis v. State
  715 So. 2d 991· Fla. 4th DCA· 1998-06-24 ·cited 16×
  A defense attorney's closing argument strategy to persuade the jury to convict of a lesser offense, rather than seeking a full acquittal, does not require explicit client consent when the client has admitted to the underlying acts and faces a potential death sentence.
• Henderson James v. State
  706 So. 2d 64· Fla. 5th DCA· 1998-02-06 ·cited 16×
  The court held that it was reversible error to deny a motion to dismiss an amended information that improperly joined multiple victims in a single count of aggravated assault, and fundamental error to instruct the jury in a manner that allowed a guilty verdict based on a threat t
• State v. Moten
  698 So. 2d 1345· Fla. 5th DCA· 1997-09-12 ·cited 16×
  The State appealed an order granting Moten's motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), which set aside his conviction and resentenced him. The court reversed, holding that a 3.800 motion cannot be used to attack a conviction and that
• Mauldin v. State
  696 So. 2d 801· Fla. 2d DCA· 1997-02-21 ·cited 16×
  A conviction for misdemeanor battery is improper when the defendant was only charged with aggravated assault and battery is not a lesser included offense of aggravated assault.
• Mingo v. State
  680 So. 2d 1079· Fla. 3d DCA· 1996-10-09 ·cited 16×
  The court held that the defendant's convictions for attempted second-degree murder and burglary with assault or battery are affirmed because the issues raised were either not preserved for appeal or did not violate double jeopardy principles.
• Andrews v. State
  679 So. 2d 859· Fla. 1st DCA· 1996-09-17 ·cited 16×
  The court held that the information did not sufficiently allege aggravated battery by causing great bodily harm, making the jury instruction on that theory erroneous.
• Ritchie v. State
  670 So. 2d 924· Fla.· 1996-03-28 ·cited 16×
  The Florida Supreme Court held that a child indicted for first-degree murder but convicted of the lesser included offense of second-degree murder must be sentenced as an adult without the procedural safeguards of section 39.059(7)(c) when the lesser offense is also punishable by
• Morris v. State
  658 So. 2d 155· Fla. 1st DCA· 1995-07-19 ·cited 16×
  The court held that the trial court did not err in failing to include unarmed robbery on the verdict form because the error was invited and harmless, but did err in ordering restitution when all stolen property was recovered.
• Reynaldo Rodriguez, Jr. v. State
  650 So. 2d 1111· Fla. 2d DCA· 1995-02-24 ·cited 16×
  The appellate court affirmed the trial court's departure sentence for attempted third-degree murder and shooting into a vehicle, but reversed and remanded to correct a sentencing error identified by the state. The error involved improperly enhancing the attempted third-degree mur
• Student Alpha ID Number Guja v. The Sch. Bd. OF Volusia Cnty.
  616 So. 2d 1011· Fla. 5th DCA· 1993-02-26 ·cited 16×
  A high school student was suspended for marijuana possession after admitting she gave marijuana to another student during lunch. The student challenged her suspension arguing she was charged with distribution on campus but convicted of possession, violating due process. The court
• United States v. Abreu
  952 F.2d 1458· 1st Cir.· 1992-01-03 ·cited 16×
  The court affirmed the conviction on most counts, vacating the conspiracy conviction due to double jeopardy concerns, and found no abuse of discretion in admitting evidence.
• Barkley v. State
  585 So. 2d 418· Fla. 1st DCA· 1991-08-30 ·cited 16×
  The court held that restitution for funeral expenses could not be imposed when the jury acquitted the defendant of charges requiring proof that his actions caused the victim's death.
• United States v. English
  925 F.2d 154· 6th Cir.· 1991-02-04 ·cited 16×
  The court held that the evidence was sufficient to support convictions for engaging in a continuing criminal enterprise (CCE) and that jury instructions regarding unanimity on the identities of supervised persons were not required. However, conspiracy convictions must be vacated
• Renetha C. Wyche v. State
  573 So. 2d 953· Fla. 2d DCA· 1991-01-18 ·cited 16×
  Renetha Wyche appeals her convictions for loitering for prostitution, battery of a law enforcement officer, and resisting an officer with violence. The appellate court affirmed her loitering conviction and rejected her facial constitutional challenge to the Tampa ordinance, but r
• Armstrong v. State
  566 So. 2d 943· Fla. 5th DCA· 1990-09-20 ·cited 16×
  Armstrong appealed his second-degree murder conviction and probation revocation, challenging the trial court's failure to give complete jury instructions on justifiable and excusable homicide. The court held that while such omission is fundamental error, it can be waived when def
• Brown v. State
  550 So. 2d 142· Fla. 1st DCA· 1989-10-13 ·cited 16×
  Eric Brown was convicted of attempting to solicit the introduction of contraband into a correctional institution, a charge the appellate court found to be a nonexistent offense under Florida law. The court reversed and remanded for a new trial, holding that solicitation already e
• United States v. Fuentes
  877 F.2d 895· 11th Cir.· 1989-07-19 ·cited 16×
  The court held that the precise quantity of marijuana is not an element of the substantive offense under the Maritime Drug Law Enforcement Act, and venue is proper in the district where defendants were brought after arrest at sea.
• O'Steen v. State
  547 So. 2d 235· Fla. 1st DCA· 1989-07-18 ·cited 16×
  The court held that the trial court's failure to give a jury instruction on the justifiable use of non-deadly force was harmless error, but the sentencing order requiring restitution was improper.
• United States v. Young
  862 F.2d 815· 10th Cir.· 1988-12-09 ·cited 16×
  The court held that the government must prove the defendant had the specific intent and capacity to manufacture a controlled substance on the date specified in the indictment.
• COX v. State
  530 So. 2d 464· Fla. 5th DCA· 1988-09-01 ·cited 16×
  Willie Cox appeals his convictions for assault, battery on law enforcement officers, and related charges, challenging the trial court's enhancement of battery charges from third-degree to second-degree felonies and imposition of mandatory minimum sentences. The appellate court ag
• Furlow v. State
  529 So. 2d 804· Fla. 1st DCA· 1988-08-10 ·cited 16×
  Lamar Leon Furlow was convicted of lewd, lascivious, or indecent assault on a child under Florida Statute 800.04(2) and two counts of simple assault. The appellate court affirmed the assault convictions but reversed the 800.04(2) conviction because the state failed to prove penet
• Park v. State
  528 So. 2d 524· Fla. 2d DCA· 1988-07-20 ·cited 16×
  John Philip Park appealed his convictions for drug trafficking and related offenses, claiming double jeopardy violations. The court upheld his trafficking conviction but reversed one of his convictions for possession or delivery of a smaller quantity of cocaine, finding it consti
• Smith v. State
  524 So. 2d 461· Fla. 4th DCA· 1988-04-13 ·cited 16×
• Newman v. United States
  817 F.2d 635· 10th Cir.· 1987-04-22 ·cited 16×
  The court held that a fifteen-year sentence for a conspiracy conviction involving both narcotic and non-narcotic drugs, based on a general jury verdict, cannot stand due to sentencing ambiguity, and thus vacated the conviction and remanded for a new trial on that count.
• O'Bright v. State
  508 So. 2d 385· Fla. 1st DCA· 1987-03-20 ·cited 16×
  Rudy O'Bright appeals his sentence following a guilty plea to lewd assault under Florida Statute 800.04(1). The appellate court reversed and remanded for resentencing, holding that points for penetration cannot be assessed under the sentencing guidelines when the defendant pleade
• United States v. Corsino
  812 F.2d 26· 1st Cir.· 1987-02-25 ·cited 16×
  The court held that there was sufficient evidence to support a finding of deceptive intent and materiality for a conviction under 18 U.S.C. § 1001, and that the district court did not err in refusing a lesser-included offense instruction or in substituting a juror.
• Haki Sekou v. Blackburn
  796 F.2d 108· 5th Cir.· 1986-08-06 ·cited 16×
  The Double Jeopardy Clause does not bar successive prosecutions for felony-murder and an underlying felony if the underlying felony is not the sole basis for the felony-murder prosecution, nor is it implicated by considering a crime as an aggravating circumstance during sentencin
• Ophelia Redden v. State
  479 So. 2d 236· Fla. 4th DCA· 1985-12-04 ·cited 16×
• United States v. Harrelson
  766 F.2d 186· 5th Cir.· 1985-07-08 ·cited 16×
  The court held that a conviction for conspiracy to commit murder requires proof that the defendant possessed the same degree of criminal intent as required for the substantive offense of murder, specifically premeditation and malice aforethought for first-degree murder.
• Hall v. State
  470 So. 2d 796· Fla. 4th DCA· 1985-06-12 ·cited 16×
  Robert Lee Hall appeals his convictions for armed robbery and possession of a firearm while engaged in a criminal offense. The court addresses whether the prosecutor properly commented on Hall's failure to call an alibi witness and whether double convictions for these related off
• Williams v. State
  461 So. 2d 1010· Fla. 5th DCA· 1984-12-27 ·cited 16×
  Richard Williams appeals his convictions for burglary of a conveyance and petit theft. The court affirmed his petit theft conviction and sentence, holding that a prior conviction obtained after the criminal acts but before sentencing could properly aggravate the sentence, but rev
• United States v. Acosta
  748 F.2d 577· 11th Cir.· 1984-12-10 ·cited 16×
  A jury verdict is invalid if the jury instructions allow for a non-unanimous verdict on different offenses, even if all jurors agree on the ultimate intent to defraud.
• Dante Ferrazza v. Mintzes
  735 F.2d 967· 6th Cir.· 1984-05-25 ·cited 16×
  Due process does not require a lesser included homicide offense instruction when the evidence clearly supports a first-degree murder conviction and does not warrant an instruction on a less culpable intent.
• United States v. Johnson
  734 F.2d 503· 10th Cir.· 1984-05-15 ·cited 16×
  The court held that the inventory search was lawful, evidence of past drug transactions was admissible, and the jury instruction on the lesser included offense was not required.