Lesser Included Offense

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

• Wilder Morris Blitch v. State
  194 So. 2d 1· Fla. 3d DCA· 1967-01-17 ·cited 16×
  Defendant Blitch was charged with mayhem for cutting and mutilating the victim's nose with a broken porcelain beer mug. The trial court reduced the charge to aggravated assault, and defendant was convicted. On appeal, Blitch challenged whether a mayhem charge without alleging a d
• United States v. Magnus
  365 F.2d 1007· 2d Cir.· 1966-09-20 ·cited 16×
  The court held that the appellant's conviction for wilfully failing to pay federal income taxes was supported by sufficient evidence and that the trial court did not err in its rulings or instructions.
• Cooper v. United States
  357 F.2d 274· D.C. Cir.· 1966-01-31 ·cited 16×
  The court held that the evidence was sufficient to submit Cooper's case to the jury and that the jury instructions, including those on aiding and abetting and identification, were not plain error.
• State v. Ike Brown
  118 So. 2d 574· Fla. 2d DCA· 1960-02-10 ·cited 16×
  The Florida District Court of Appeal reversed a trial court's grant of a new trial in a second-degree murder conviction, holding that the trial judge's failure to instruct the jury on third-degree murder was not fundamental error where no evidence of third-degree murder existed a
• Crabtree v. United States
  209 F.2d 164· 5th Cir.· 1953-12-30 ·cited 16×
  The court held that the trial court did not err in dismissing the defendant's motion to vacate sentences, and that the two counts of the indictment constituted separate offenses.
• MacILLRATH v. United States
  188 F.2d 1009· D.C. Cir.· 1951-03-22 ·cited 16×
  Federal Rule of Criminal Procedure 31(c) does not require a lesser offense instruction if there is no evidence to support it.
• Oliver v. State
  38 Fla. 46· Fla.· 1896-06-01 ·cited 16×
  James L. Oliver was convicted of murder in the first degree for killing E.L.S. Linton and sentenced to life imprisonment. The Florida Supreme Court affirmed the conviction, rejecting Oliver's challenges to the indictment, jury empanelment, admission of evidence regarding shots fi
• Anucinski v. State
  148 So. 3d 106· Fla.· 2014-09-24 ·cited 15×
  The dissent argues that when a defendant is improperly convicted of both theft and dealing in stolen property for one scheme, the proper remedy, even if the error is unpreserved, is to vacate the conviction for the lesser offense.
• Burns v. State
  132 So. 3d 1238· Fla. 1st DCA· 2014-02-28 ·cited 15×
  Roy Joseph Burns was convicted of child neglect for instructing a ten-year-old to call the child's mother instead of 911 when a fifteen-month-old in his care experienced respiratory distress. The First District Court of Appeal reversed the conviction, holding that the State faile
• McGHEE v. State
  133 So. 3d 1137· Fla. 5th DCA· 2014-02-14 ·cited 15×
  Michael McGhee was convicted of burglary of a dwelling with assault/battery (with firearm enhancements), aggravated assault with a firearm, and battery (domestic violence). The appellate court affirmed the burglary conviction but reversed the convictions for aggravated assault an
• State v. Simmons
  80 So. 3d 1089· Fla. 4th DCA· 2012-02-22 ·cited 15×
  The State appeals a downward departure sentence imposed by the trial court based on alleged law enforcement enticement. The appellate court reversed the downward departure, finding insufficient evidence to support the trial court's reasoning, and affirmed the conviction and jury
• Deleon v. State
  66 So. 3d 391· Fla. 2d DCA· 2011-08-03 ·cited 15×
  Nelson Gabriel Deleon appeals his convictions for carjacking with a deadly weapon and resisting an officer without violence. The Florida appellate court reversed his carjacking conviction because the jury was improperly instructed on an uncharged theory of the offense (carjacking
• Prentice Stanley v. State
  57 So. 3d 944· Fla. 4th DCA· 2011-03-30 ·cited 15×
  The court held that the trial court did not err in its jury instructions, admitting 911 tapes and autopsy photographs, nor did the convictions violate double jeopardy.
• Clark v. State
  43 So. 3d 814· Fla. 1st DCA· 2010-08-25 ·cited 15×
  Darren Clark was convicted of strong-arm robbery but appeals arguing the trial court erred by refusing to instruct the jury on the lesser-included offense of robbery by sudden snatching. The Florida First District Court of Appeal holds that failure to instruct on the next immedia
• In & for New Castle Cnty.
  1997 WL 719342· Del. Super. Ct.· 2009-12-07 ·cited 15×
  The court denied Joe Lewis Travis's third motion for postconviction relief. The court found that most of Travis's claims were procedurally barred due to untimeliness and failure to raise them in prior motions. The court determined that Travis's claim based on the Allen v. State d
• Williams v. State
  959 So. 2d 790· Fla. 2d DCA· 2007-06-22 ·cited 15×
  Antonio Williams appeals his convictions for multiple offenses arising from his November 2004 encounter with Lake Wales police officers. The court affirmed his convictions for resisting with violence, battery on a law enforcement officer, and drug-related offenses, but reversed h
• Applewhite v. State
  874 So. 2d 1276· Fla. 5th DCA· 2004-06-18 ·cited 15×
  Andre Applewhite appeals his conviction for escape and sentence as a habitual felony offender, challenging the trial court's denial of a jury instruction on resisting arrest without violence as a lesser included offense and its grant of the State's special jury instruction on esc
• Richardson v. State
  875 So. 2d 673· Fla. 1st DCA· 2004-05-18 ·cited 15×
  David Richardson appealed his convictions for robbery with a firearm, armed false imprisonment, and battery. The court reversed his robbery conviction due to prejudicial hearsay testimony regarding the amount stolen, but affirmed his convictions for false imprisonment and battery
• Gutierrez v. State
  860 So. 2d 1043· Fla. 5th DCA· 2003-12-05 ·cited 15×
  Jonathan Gutierrez appealed the summary denial of his Rule 3.850 motion for postconviction relief following his convictions for attempted second-degree murder and aggravated battery. The court affirmed the denial, rejecting his ineffective assistance of counsel claims and a doubl
• Abukareem Eltaher v. State
  777 So. 2d 1203· Fla. 4th DCA· 2001-02-21 ·cited 15×
  Abukareem Eltaher was convicted by jury of trespass of a structure, grand theft, and burglary of a conveyance. The appellate court reversed his conviction for trespass as a lesser-included offense of burglary, but affirmed the remaining convictions and rejected his claim that the
• Williams v. State
  732 So. 2d 431· Fla. 2d DCA· 1999-04-30 ·cited 15×
  The appellate court affirmed convictions for vehicular homicide and leaving the scene of an accident resulting in death, but reversed the conviction for leaving the scene of an accident involving injury, impacting the sentencing scoresheet and requiring resentencing.
• Demurjian v. State
  727 So. 2d 324· Fla. 4th DCA· 1999-02-17 ·cited 15×
  Appellant sought postconviction relief claiming ineffective assistance of counsel based on trial counsel's "all or nothing" closing argument that told the jury to disregard lesser included offenses and choose between guilty of first degree murder or acquittal based on self-defens
• Ellis v. State
  714 So. 2d 1160· Fla. 2d DCA· 1998-07-24 ·cited 15×
  Ricardo and Debra Ellis were convicted of aggravated child abuse based on allegations of failing to feed children and denying them medical treatment. The appellate court reversed the convictions as fundamentally erroneous because the information's body described only simple child
• Hall v. State
  677 So. 2d 1353· Fla. 5th DCA· 1996-08-09 ·cited 15×
  Larry Hall appealed his convictions for attempted second-degree murder, armed burglary, aggravated assault on law enforcement, felon in possession of a firearm, and drug paraphernalia possession. The court reversed his attempted second-degree murder conviction because the trial c
• Horn v. State
  677 So. 2d 320· Fla. 1st DCA· 1996-04-12 ·cited 15×
  Maurice Horn appeals his convictions for third-degree murder and attempted third-degree murder with firearm enhancements. The court affirmed the murder conviction but reversed the attempted murder conviction because no crime of attempted felony murder exists in Florida, and rever
• Owens v. State
  626 So. 2d 240· Fla. 2d DCA· 1993-09-01 ·cited 15×
  Willie B. Owens, Jr. appealed his convictions for first-degree burglary, sexual battery with a deadly weapon, robbery with a deadly weapon, aggravated battery, and aggravated assault. The appellate court affirmed all convictions but remanded for correction of multiple sentencing
• Coley v. State
  616 So. 2d 1017· Fla. 3d DCA· 1993-03-16 ·cited 15×
  Sheila Diane Coley's convictions for sexual battery and conspiracy were reversed due to insufficient evidence. The court held that the state failed to prove the victim was physically helpless to resist as defined by statute, and that voluntary cocaine consumption does not vitiate
• United States v. Boissoneault
  926 F.2d 230· 2d Cir.· 1991-02-26 ·cited 15×
  The court held that even if expert testimony was admissible, the evidence was insufficient to prove intent to distribute cocaine beyond a reasonable doubt.
• Mars v. The Honorable Marvin U. Mounts
  895 F.2d 1348· 11th Cir.· 1990-03-08 ·cited 15×
  The court held that the federal district court had jurisdiction and that prosecuting the appellee for second-degree murder after his acquittal for first-degree murder violated the Double Jeopardy Clause, even under Florida's variance theory.
• Denmark v. State
  538 So. 2d 68· Fla. 1st DCA· 1989-01-27 ·cited 15×
  Charlie Denmark appeals his convictions for attempted armed robbery, aggravated assault, attempted kidnapping with a firearm, and use of a firearm during felony commission. The Florida First District Court of Appeal reverses the aggravated assault and firearm convictions, finding
• Reed v. State
  531 So. 2d 358· Fla. 5th DCA· 1988-09-01 ·cited 15×
  A 16-year-old defendant was convicted of second degree murder in the shooting death of a 13-year-old friend, but the appellate court reversed for a new trial because the jury instruction on the lesser-included offense of manslaughter was incomplete, failing to define culpable neg
• Strenten Vujosevic v. Rafferty
  844 F.2d 1023· 3d Cir.· 1988-04-18 ·cited 15×
  The court held that the trial court's refusal to instruct the jury on the lesser included offense of aggravated assault was prejudicial constitutional error, and that the defendant's confession was obtained in violation of his right to remain silent.
• Parks v. Brown
  840 F.2d 1496· 10th Cir.· 1988-03-01 ·cited 15×
  The court held that the defendant was not entitled to a second-degree murder instruction because the evidence, even when viewed in its entirety, did not rationally permit a jury to find him guilty of the lesser offense while acquitting him of the greater.
• McCONNEHEAD v. State
  515 So. 2d 1046· Fla. 4th DCA· 1987-11-12 ·cited 15×
  Earl McConnehead was convicted of first-degree murder and attempted robbery in the death of Phillip Coffman. The Fourth District affirmed the murder conviction based on premeditation, but reversed the attempted robbery conviction due to insufficient evidence of force or threat of
• United States v. Martin
  783 F.2d 1449· 9th Cir.· 1986-03-05 ·cited 15×
  The court held that the defendant had adequate notice of the lesser included offense, even though not explicitly charged, because the facts and circumstances presented at trial and the court's explicit consideration of the lesser offense provided actual notice.
• Polite v. State
  454 So. 2d 769· Fla. 1st DCA· 1984-08-24 ·cited 15×
  Polite was convicted of battery, throwing a missile at an occupied vehicle, and attempted resisting an officer with violence. The court reversed the conviction for attempted resisting an officer with violence because no such offense exists under Florida law, but affirmed the othe
• Miller v. State
  438 So. 2d 83· Fla. 4th DCA· 1983-09-07 ·cited 15×
  The court held that the phrase 'charged with a felony' in the reclassification statute includes felonies that are necessarily included lesser offenses or attempts, even if not expressly charged.
• State v. Harry V. Thomas/Hubert D. Williams
  428 So. 2d 327· Fla. 1st DCA· 1983-03-18 ·cited 15×
  Florida appealed the trial court's dismissal of charges under section 817.563 (sale of counterfeit controlled substances) on constitutional grounds. The appellate court reversed, holding that the statute does not violate the constitution because it requires specific intent as to
• Cabe v. State
  408 So. 2d 694· Fla. 1st DCA· 1982-01-11 ·cited 15×
  Steven Cabe was convicted of false imprisonment after being charged with kidnapping. The appellate court affirmed most of his convictions but reversed and remanded for a new trial because the trial court erroneously refused to instruct the jury on attempted false imprisonment as
• Busbee v. State
  183 So. 2d 27· Fla. 1st DCA· 1966-02-03 ·cited 15×
  An acquittal of the offense of hit and run does not constitute an estoppel under the doctrine of res judicata to a later prosecution for manslaughter by operation of a motor vehicle while intoxicated.
• Malvin Kite v. State
  126 Fla. 77· Fla.· 1936-10-31 ·cited 15×
  The appellate court affirmed a conviction for assault with intent to rape, finding no reversible error in the trial court's rulings on witness examination and jury instructions. The court also confirmed that a defendant can be convicted of a lesser included offense like assault w
• Caruthers v. State
  232 So. 3d 441· Fla. 4th DCA· 2017-12-13 ·cited 14×
• Gordon v. State
  219 So. 3d 189· Fla. 3d DCA· 2017-05-10 ·cited 14×
  Steve Gordon appealed his conviction for strongarm robbery, arguing that the trial court erred in denying his request for a compound offense jury instruction that would have allowed the jury to find him guilty of both theft and assault (or theft and battery) as separate lesser-in
• Daugherty v. State
  211 So. 3d 29· Fla.· 2017-01-19 ·cited 14×
  The Florida Supreme Court reversed the Fourth District Court of Appeal's affirmance of Daugherty's convictions for second-degree murder and attempted second-degree murder, holding that jury instructions on the lesser included offenses of manslaughter by act and attempted voluntar
• Proctor v. State
  205 So. 3d 784· Fla. 2d DCA· 2016-09-21 ·cited 14×
  Kenneth Proctor was convicted of five offenses including aggravated assault with a deadly weapon. The appellate court affirmed four convictions but reversed the aggravated assault conviction because the jury's finding that Proctor did not possess a firearm was legally inconsisten
• Richards v. State
  128 So. 3d 959· Fla. 2d DCA· 2013-12-27 ·cited 14×
  John Richards appeals his conviction for attempted second-degree murder, challenging the jury instruction on attempted manslaughter as fundamentally flawed. Although the Florida Supreme Court had recently held that the standard attempted manslaughter instruction was defective, th
• Pierce v. State
  121 So. 3d 1091· Fla. 5th DCA· 2013-08-16 ·cited 14×
  Marco Pierce sought relief for ineffective assistance of appellate counsel, alleging his appellate counsel failed to raise that the jury instructions for attempted voluntary manslaughter by act were fundamentally flawed. The court agreed and granted the petition, vacating his con
• Latimer v. State
  44 So. 3d 1239· Fla. 5th DCA· 2010-10-01 ·cited 14×
  The court affirmed Latimer's robbery conviction but reversed his simple assault conviction on double jeopardy grounds, holding that assault cannot be separately punished when it is an element of the robbery charge.
• Estaban E. Gonzalez v. State
  40 So. 3d 60· Fla. 2d DCA· 2010-07-02 ·cited 14×
  Estaban Gonzalez appeals his convictions for kidnapping, attempted second-degree murder, and various assault charges. The court affirmed most convictions but reversed the attempted second-degree murder conviction based on Florida Supreme Court precedent regarding defective jury i
• Jimenez v. State
  994 So. 2d 1141· Fla. 3d DCA· 2008-02-13 ·cited 14×
  Luis Jimenez was convicted of second-degree murder after a trial in which the jury was not instructed on excusable homicide, despite being instructed on manslaughter and justifiable homicide. The Third District reversed and remanded for a new trial, holding that the omission of t