Lesser Included Offense

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

• United States v. Genser
  710 F.2d 1426· 10th Cir.· 1983-05-24 ·cited 16×
  The dissenting judge believes the trial court correctly dismissed the charge of dispensing a controlled substance because it was fundamentally different from the charge of distribution, and the government failed to provide adequate notice. The dissent argues the case should be re
• Ayrado v. State
  431 So. 2d 320· Fla. 3d DCA· 1983-05-17 ·cited 16×
  Carlos Ayrado appeals his conviction for unlawful display of a firearm during commission of a felony after the jury acquitted him of the underlying felonies (first degree murder and attempted first degree murder) on grounds of insanity. The court reverses, holding that an insanit
• Lunsford v. State
  426 So. 2d 1178· Fla. 5th DCA· 1983-02-09 ·cited 16×
  Richard Allen Lunsford was convicted of robbery with a weapon after the trial court refused to instruct the jury on the lesser included offense of attempted robbery. The appellate court affirmed, holding that under Florida Rule of Criminal Procedure 3.510, no attempt instruction
• Jakubczak v. State
  425 So. 2d 187· Fla. 3d DCA· 1983-01-18 ·cited 16×
  Ramona Jakubczak was convicted of child abuse and aggravated child abuse for injuries inflicted on her infant stepson. The appellate court affirmed her conviction for the lesser included offense of child abuse but reversed her conviction for aggravated child abuse, holding that S
• Palmer v. State
  416 So. 2d 878· Fla. 4th DCA· 1982-07-14 ·cited 16×
  Ronald Gene Palmer appeals his conviction and sentence for armed robbery, aggravated assault, and carrying a concealed firearm arising from a series of robberies at a funeral home. The Fourth District Court of Appeal affirms most convictions and sentences but reverses the trial c
• Napoleon Dowdell v. State
  415 So. 2d 144· Fla. 1st DCA· 1982-06-16 ·cited 16×
  Napoleon Dowdell appealed convictions for robbery while armed and kidnapping while armed, challenging whether the victim's movement was incidental to the robbery and whether consecutive sentences for both offenses were improper. The court affirmed, holding that the movement and c
• B. D. v. State
  412 So. 2d 70· Fla. 1st DCA· 1982-04-08 ·cited 16×
  The court held that trespass of an occupied structure is a lesser included offense of burglary, and the evidence supported a conviction for trespass even if burglary was not proven.
• United States v. Skeet
  665 F.2d 983· 9th Cir.· 1982-01-15 ·cited 16×
  The court held that the trial court erred in its jury instructions regarding assault and in failing to instruct the jury on lesser included offenses, necessitating a new trial.
• Smith v. State
  404 So. 2d 167· Fla. 1st DCA· 1981-09-29 ·cited 16×
  The court held that limiting cross-examination regarding a witness's racial prejudice and refusing to instruct the jury on minimum and maximum penalties constituted reversible error.
• United States v. Ellsworth
  647 F.2d 957· 9th Cir.· 1981-06-08 ·cited 16×
  The court held that while the evidence supported a conviction for simple assault, it was insufficient to support the charge of assault with a deadly weapon. The court also found no due process violation regarding the disclosure of witness statements and upheld the indictment and
• United States v. Eades
  633 F.2d 1075· 4th Cir.· 1980-10-09 ·cited 16×
  The dissenting judge believes the in banc court's reversal of Eades' conviction is erroneous due to an internal inconsistency in the majority's reasoning regarding federal preemption.
• United States v. Ferreira
  625 F.2d 1030· 1st Cir.· 1980-07-22 ·cited 16×
  The court held that the district court did not err in instructing the jury on the lesser included offense of unarmed bank robbery, nor in denying the defendant's motion to dismiss for alleged failure to provide Jencks Act material and exculpatory evidence.
• Flozell Butler v. State
  379 So. 2d 715· Fla. 5th DCA· 1980-02-13 ·cited 16×
• Holloway v. State
  379 So. 2d 953· Fla.· 1980-01-31 ·cited 16×
• Keenan v. State
  379 So. 2d 147· Fla. 4th DCA· 1980-01-16 ·cited 16×
  A jury cannot be charged on lesser degrees of homicide if those offenses are barred by the statute of limitations.
• Gov't of the Virgin Islands v. Greenidge
  600 F.2d 437· 3d Cir.· 1979-06-22 ·cited 16×
  The court held that the statute prohibiting assault with intent to commit rape requires the assault to be on the person the defendant intended to rape.
• Growden v. State
  372 So. 2d 930· Fla.· 1979-06-21 ·cited 16×
  The Florida Supreme Court resolved a conflict between two district courts regarding whether Florida's robbery statute creates lesser included offenses that must be submitted to juries or merely establishes sentencing guidelines. The Court held that subsections (a), (b), and (c) o
• United States v. Smith John and Harry Smith John
  587 F.2d 683· 5th Cir.· 1979-01-10 ·cited 16×
  The court held that federal district courts have jurisdiction to convict and punish an Indian for simple assault against a non-Indian, even if simple assault is not explicitly listed in 18 U.S.C. § 1153, based on 18 U.S.C. § 1152 or the implicit holding of Keeble v. United States
• United States v. Nelson
  563 F.2d 928· 8th Cir.· 1977-10-20 ·cited 16×
  The court held that the appellant was entitled to a jury instruction on the lesser included offense of possession for aiding and abetting distribution, as the evidence could permit a jury to find him guilty of possession and acquit him of the greater offense.
• Mathis v. State
  348 So. 2d 1221· Fla. 3d DCA· 1977-07-26 ·cited 16×
  John Mathis appeals his convictions for two counts of robbery, possession of a firearm during felony commission, and possession of a short-barreled shotgun, as well as revocation of probation. The court affirms, declining to consider whether the trial court erred in refusing a ju
• Abreau v. State
  347 So. 2d 819· Fla. 3d DCA· 1977-07-06 ·cited 16×
  Jesus Abreau was convicted of assault with intent to commit first degree murder, but the appellate court reversed because the trial court erroneously refused to instruct the jury on the lesser included offense of simple assault. The court held that assault is necessarily included
• Barnes v. State
  348 So. 2d 599· Fla. 4th DCA· 1977-07-01 ·cited 16×
  The court held that the cumulative effect of three trial errors, including improper jury instructions and the admission of prejudicial testimony, warranted reversal of the manslaughter conviction.
• State v. Heisterman
  343 So. 2d 1272· Fla.· 1977-03-17 ·cited 16×
  The court held that the respondent committed two distinct crimes, assault and shooting into an occupied dwelling, for which separate convictions and sentences were appropriate.
• Hammer v. State
  343 So. 2d 856· Fla. 1st DCA· 1976-12-09 ·cited 16×
  Hammer was charged with robbery and convicted after the trial court refused to instruct the jury on lesser included offenses of petit larceny and aggravated assault. The appellate court reversed, holding that Florida Supreme Court precedent requires jury instructions on necessari
• Harris v. State
  338 So. 2d 880· Fla. 3d DCA· 1976-10-26 ·cited 16×
  Jimmy L. Harris was convicted of breaking and entering with assault, involuntary sexual battery, and robbery (reduced to petit larceny). On appeal, Harris challenged the trial court's refusal to instruct on a lesser included offense for sexual battery and the imposition of consec
• Irving v. State
  337 So. 2d 1014· Fla. 2d DCA· 1976-09-15 ·cited 16×
  Richard Irving was convicted of aggravated assault and carrying a concealed weapon after a jury trial, but the Florida District Court of Appeal reversed because the trial judge failed to instruct the jury on attempts to commit these offenses and on the lesser included offense of
• Garrett v. State
  335 So. 2d 876· Fla. 4th DCA· 1976-08-06 ·cited 16×
  Alvin Lee Garrett was convicted of larceny of an automobile and being a subsequent felony offender. The Florida Fourth District Court of Appeal reversed both convictions due to prosecutorial discovery violations and improper denial of a lesser-included offense jury instruction.
• Orange v. State
  334 So. 2d 277· Fla. 3d DCA· 1976-05-11 ·cited 16×
  Henry Orange was convicted of both sale and possession of a controlled substance arising from a single transaction. The Florida District Court of Appeal reversed the imposition of separate sentences, holding that when two drug offenses are facets of the same transaction—here, pos
• Rodgers v. State
  325 So. 2d 48· Fla. 2d DCA· 1975-12-03 ·cited 16×
  Ronald Rodgers was convicted on nine counts for his participation in a jewelry store robbery, hostage-taking, and related offenses. The Florida appellate court affirmed most convictions but vacated the verdicts on Counts 5 and 6 because the jury instruction on lesser-included off
• United States v. Adolpho Rivera, Jr.
  521 F.2d 125· 2d Cir.· 1975-07-14 ·cited 16×
  The court held that convictions under 18 U.S.C. § 2114 must be reversed due to lack of a postal nexus and the absence of asportation for robbery. Convictions under 18 U.S.C. § 111 are affirmed but remanded for resentencing.
• Andrews v. State
  309 So. 2d 576· Fla. 1st DCA· 1975-03-20 ·cited 16×
  The Florida Court of Appeal reversed appellant's sentences imposed without a required presentence investigation, holding that Rule 3.710 mandates such investigation before sentencing any defendant under age 18, regardless of prior felony convictions. The court also vacated one co
• United States v. Clayborne
  509 F.2d 473· D.C. Cir.· 1974-12-16 ·cited 16×
  The court held that defense counsel's decision not to cross-examine a key witness was a permissible tactical decision, and the evidence was sufficient to support the convictions.
• Caves v. State
  303 So. 2d 658· Fla. 2d DCA· 1974-11-06 ·cited 16×
  A Justice of the Peace Court's acceptance of a guilty plea to a lesser charge does not preclude a subsequent prosecution for a higher offense if the Justice Court lacked jurisdiction to accept the plea.
• Phillips v. United States
  502 F.2d 227· 4th Cir.· 1974-08-13 ·cited 16×
  The dissenting judge would hold that an implicit acquittal from a conviction on a lesser included offense cannot serve as the basis for collateral estoppel, and even if it could, it should not restrict proof on retrial of the lesser charge.
• Quinn v. United States
  499 F.2d 794· 8th Cir.· 1974-07-09 ·cited 16×
  The court held that a defendant's failure to request a lesser included offense instruction, when the lesser offense was enumerated in the Major Crimes Act, constitutes a trial error not subject to collateral attack under 28 U.S.C. § 2255.
• United States v. Analla
  490 F.2d 1204· 10th Cir.· 1974-01-29 ·cited 16×
  The court held that the indictment was sufficient, the racial classification in 18 U.S.C. § 1153 is constitutional, and the trial court did not err in refusing certain jury instructions or in sentencing.
• United States v. Maude
  481 F.2d 1062· D.C. Cir.· 1973-05-24 ·cited 16×
  The court held that the fabricated stamp qualified as a 'postmarking stamp' under 18 U.S.C. § 503, the admission of identification cards was lawful under the plain view doctrine, and the evidence was sufficient to support the jury's finding of criminal intent. The court also affi
• United States v. Wimbush
  475 F.2d 347· D.C. Cir.· 1973-01-11 ·cited 16×
  The court vacated the conviction for assault with a dangerous weapon, but affirmed the convictions for assault with intent to kill and carrying a pistol without a license.
• Morris v. State
  261 So. 2d 563· Fla. 2d DCA· 1972-04-07 ·cited 16×
  The court held that a conviction under a statute later declared unconstitutionally vague must be reversed and remanded for entry of judgment on a constitutional lesser included offense.
• United States v. Indus. Labs. Co. & David Paul Ochs
  456 F.2d 908· 10th Cir.· 1972-04-03 ·cited 16×
  The court held that the jury instructions were inadequate because they failed to clearly delineate the specific intent requirement for the felony charge, constituting plain error.
• Miles v. State
  258 So. 2d 333· Fla. 3d DCA· 1972-02-22 ·cited 16×
  Charlie Miles and Jerry Robert Williams appealed their robbery convictions, asserting multiple points for reversal. The Florida District Court of Appeal found reversible error in the trial court's refusal to instruct the jury on lesser included offenses of attempted robbery and p
• United States v. Powell
  449 F.2d 994· D.C. Cir.· 1971-05-10 ·cited 16×
  The court held that the trial judge's failure to explicitly instruct the jury on proving every element beyond a reasonable doubt was harmless error.
• Newell Alligood v. Louie L. Wainwright
  440 F.2d 642· 5th Cir.· 1971-04-12 ·cited 16×
  The court held that the prisoner's claims did not present federal constitutional questions and affirmed the denial of habeas corpus relief.
• Williams v. State
  243 So. 2d 215· Fla. 3d DCA· 1971-01-19 ·cited 16×
  Alfonso and Michael Williams were convicted of rape and sentenced to 25 years imprisonment for brutally attacking a couple on a beach in Dade County. The appellants challenged their convictions on multiple grounds, but the court found the evidence overwhelming and affirmed the co
• United States v. Polansky
  418 F.2d 444· 2d Cir.· 1969-10-27 ·cited 16×
  The court held that the acquittal on the bribery charge did not preclude a conviction on the lesser included offense of accepting a gratuity, and that the Fourth Amendment was not violated by consensual electronic surveillance.
• Glenn v. United States
  420 F.2d 1323· D.C. Cir.· 1969-07-23 ·cited 16×
  A jury verdict must be specific and unambiguous; a conviction cannot stand on an equivocal verdict that does not clearly indicate which of two offenses the jury found the defendant guilty of.
• Alford v. State OF N.C.
  405 F.2d 340· 4th Cir.· 1968-11-26 ·cited 16×
  The dissenting judge argues that the defendant's plea to second-degree murder, motivated by fear of capital punishment, was not unconstitutionally coerced under the principles of United States v. Jackson. The infirmity in the statute related to capital punishment, not lesser offe
• Wright v. State
  216 So. 2d 229· Fla. 2d DCA· 1968-11-22 ·cited 16×
  James Wright appeals convictions for grand larceny of a 1965 Mustang and unauthorized use of a 1964 Simca automobile. The court upholds the convictions, establishing that appellate review of sufficiency of evidence does not require a prior motion for new trial when insufficiency
• Williams v. United States
  403 F.2d 176· D.C. Cir.· 1968-10-09 ·cited 16×
  The court held that while the exclusion of a Jencks Act statement was error, it was not prejudicial, and the evidence was sufficient to support the conviction.
• McCLENDON v. State
  196 So. 2d 905· Fla.· 1967-03-15 ·cited 16×
  Eddie Thomas McClendon was convicted of rape and sentenced to death. On appeal to the Florida Supreme Court, he challenged the conviction on eight grounds including pretrial publicity, racial prejudice, and evidentiary errors. The court affirmed the conviction, finding no abuse o