Lesser Included Offense

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

• Lopez-Vazquez v. State
  931 So. 2d 231· Fla. 5th DCA· 2006-06-16 ·cited 14×
  Lopez-Vazquez was convicted of attempted second-degree murder, shooting into an occupied vehicle, and shooting from a vehicle arising from a single road rage incident. The court held that while attempted second-degree murder is a separate crime, the two shooting offenses constitu
• Lane v. State
  861 So. 2d 451· Fla. 4th DCA· 2003-09-17 ·cited 14×
  John Lane was convicted of aggravated battery as a lesser included offense of attempted second degree murder. The Fourth District Court of Appeal reversed the conviction, holding that aggravated battery should not have been submitted to the jury because the information did not al
• Pepitone v. State
  846 So. 2d 640· Fla. 2d DCA· 2003-05-30 ·cited 14×
  Anthony Pepitone was convicted of attempted burglary after entering a condominium unit claiming he was looking for a different unit. The Florida appellate court reversed the conviction because the evidence supported either a completed burglary (if he had intent to commit an offen
• Krishna Persaud v. State
  821 So. 2d 411· Fla. 2d DCA· 2002-07-17 ·cited 14×
  The appellate court affirmed in part and reversed in part a postconviction motion challenging a defendant's sentence and the denial of certain claims. The defendant was resentenced after the State conceded he was entitled to resentencing under Heggs v. State.
• Wallace v. State
  814 So. 2d 1255· Fla. 5th DCA· 2002-05-03 ·cited 14×
  David Wallace was convicted of selling cocaine within 1,000 feet of a place of worship under Florida law. The appellate court reversed because the prosecution failed to present sufficient evidence that the identified churches regularly conducted religious services, a required sta
• Antonal Thornton v. State
  767 So. 2d 1286· Fla. 5th DCA· 2000-10-06 ·cited 14×
  Antonal Thornton appeals his conviction and life sentence for robbery with a firearm. The court affirms the conviction but vacates the sentence due to the absence of a sentencing scoresheet in the appellate record, requiring resentencing.
• K.H. v. State
  763 So. 2d 1187· Fla. 4th DCA· 2000-01-26 ·cited 14×
  A conviction for a lesser-included offense requires the charging information to allege the elements of that offense, and conviction without such allegations constitutes fundamental error.
• D.R. v. State
  734 So. 2d 455· Fla. 1st DCA· 1999-05-05 ·cited 14×
  A seventeen-year-old was adjudicated delinquent for burglary of a dwelling and grand theft, but the appellate court reversed both convictions, finding that the State failed to prove the essential elements of burglary beyond a reasonable doubt and that a grand theft conviction cou
• Farley v. State
  740 So. 2d 5· Fla. 1st DCA· 1999-03-19 ·cited 14×
  Thomas Farley was convicted of improper exhibition of a deadly weapon as a lesser included offense to aggravated battery and his probation was revoked based on that conviction. The court reversed, holding that the information failed to allege the required elements of improper exh
• McCUTCHEON v. State
  711 So. 2d 1286· Fla. 4th DCA· 1998-05-27 ·cited 14×
  Michael McCutcheon appealed the denial of his motion for judgment of acquittal on the charge of armed false imprisonment. The Florida Fourth District Court of Appeal reversed his conviction, holding that the victim's confinement during the robbery was incidental to the robbery it
• Gibson v. State
  667 So. 2d 884· Fla. 1st DCA· 1996-02-06 ·cited 14×
  Michael Gibson was convicted of armed burglary, armed robbery, and sexual battery, but his conviction for attempted first-degree felony murder was reversed because Florida Supreme Court decisions in Gray and Grinage eliminated attempted felony murder as a viable crime. The court
• Martinez v. State
  655 So. 2d 166· Fla. 3d DCA· 1995-05-10 ·cited 14×
  Martinez appealed his convictions for armed cocaine trafficking and related firearm offenses, raising claims of ineffective assistance of trial counsel and appellate counsel. The court affirmed most of the trial court's denial of Martinez's post-conviction motion but reversed and
• McNEAL v. State
  653 So. 2d 1122· Fla. 1st DCA· 1995-04-24 ·cited 14×
  Michael McNeal was convicted of attempted aggravated battery and sentenced under Florida's sentencing guidelines, which reclassified the offense from third to second degree felony based on weapon use. The First District Court of Appeal reversed, holding that because the jury inst
• Bronson v. State
  654 So. 2d 584· Fla. 2d DCA· 1995-04-19 ·cited 14×
  Jonathan Bronson appealed his first-degree burglary conviction, challenging two jury instructions. The court affirmed the instruction that simple battery is a lesser-included offense of burglary with battery, but reversed one of two battery convictions because a defendant cannot
• Watson v. State
  646 So. 2d 288· Fla. 2d DCA· 1994-12-02 ·cited 14×
• Lages v. State
  640 So. 2d 151· Fla. 2d DCA· 1994-07-29 ·cited 14×
  Anthony Lages appealed his convictions for capital sexual battery, lewd acts, and possession of child sexual abuse material, challenging the admission of his confession, hearsay testimony, and jury instructions regarding jury nullification and lesser included offenses. The Florid
• Fjord v. State
  634 So. 2d 714· Fla. 4th DCA· 1994-03-16 ·cited 14×
  The Fourth District Court of Appeal reversed Fjord's conviction for battery as a lesser-included offense of sexual battery, holding that battery and lewd and lascivious assault arising from the same act are mutually exclusive under Florida law and cannot support dual convictions.
• Ready v. State
  636 So. 2d 67· Fla. 2d DCA· 1994-03-16 ·cited 14×
  Daniel Ready was convicted of sexual battery on a child under twelve based on digital penetration. The appellate court reversed the conviction because the state relied solely on uncorroborated hearsay to prove penetration, which violated Florida law requiring corroborating eviden
• Darrin Bernard Rogers v. State
  626 So. 2d 339· Fla. 4th DCA· 1993-11-17 ·cited 14×
  The court held that the trial judge erred in denying a requested jury instruction for a lesser-included offense made during closing arguments.
• Brown v. State
  608 So. 2d 114· Fla. 1st DCA· 1992-11-02 ·cited 14×
  James Brown was convicted of battery upon law enforcement officers after refusing a jury instruction on simple battery as a lesser included offense. The First District Court of Appeal reversed, holding that simple battery is a necessarily lesser included offense of battery upon a
• United States v. Greenwood
  974 F.2d 1449· 5th Cir.· 1992-10-02 ·cited 14×
  The court held that it has jurisdiction over the government's cross-appeal of sentences and that the district court erred in sentencing based on a lower schedule of controlled substances. The court affirmed convictions but vacated sentences for resentencing.
• Beaubrum v. State
  595 So. 2d 254· Fla. 3d DCA· 1992-03-10 ·cited 14×
  Defendant Beaubrum appeals his conviction and sentence for robbery with a firearm, attempted first degree murder, and use of a weapon during a felony, arguing violations of the one-subject rule, jury instruction on reasonable doubt, and improper conviction for unlawful firearm po
• Hutchinson v. State
  580 So. 2d 257· Fla. 1st DCA· 1991-05-13 ·cited 14×
  John Hutchinson was convicted of selling or delivering cocaine following an undercover buy-bust operation. The First District Court of Appeal reversed and remanded for a new trial, finding reversible error in the prosecution's repeated characterization of the arrest location as a
• Cave v. State
  578 So. 2d 766· Fla. 1st DCA· 1991-04-04 ·cited 14×
  Cumulative punishments for armed robbery and aggravated battery are permissible under Florida law when each offense requires proof of an element the other does not, even if arising from a single criminal episode.
• Richardson v. State
  575 So. 2d 294· Fla. 4th DCA· 1991-02-27 ·cited 14×
  Frank Richardson's cocaine convictions were reversed due to improper use of a peremptory challenge to strike the only black juror on the venire panel, violating established precedent on racial discrimination in jury selection. The court remanded for a new trial and clarified that
• Pray v. State
  571 So. 2d 554· Fla. 4th DCA· 1990-12-19 ·cited 14×
  Jennifer Pray was convicted of third degree felony murder and simple battery. The Fourth District Court of Appeal reversed the felony murder conviction because the jury acquitted Pray of all underlying felonies by convicting her only of simple battery (a misdemeanor), which canno
• United States v. Jones
  918 F.2d 909· 11th Cir.· 1990-12-07 ·cited 14×
  A conspiracy conviction merges into a Continuing Criminal Enterprise (CCE) conviction when the conspiracy serves as the predicate act for the CCE based on the same criminal agreement. However, substantive narcotics distribution convictions do not merge.
• Rowe v. State
  574 So. 2d 1107· Fla. 2d DCA· 1990-11-28 ·cited 14×
  Joseph Edward Rowe appeals his convictions for robbery and battery arising from a purse-snatching incident. The court affirms the robbery conviction and thirty-year habitualization sentence, but vacates the simple battery conviction as a lesser included offense subsumed by the ro
• United States v. Walker
  915 F.2d 480· 9th Cir.· 1990-09-25 ·cited 14×
• M.F. v. State
  562 So. 2d 724· Fla. 3d DCA· 1990-04-24 ·cited 14×
  A juvenile was adjudicated delinquent for grand theft after being found in a stolen vehicle. The court affirmed the delinquency adjudication but reduced the charge to the lesser included offense of trespass to a conveyance, finding insufficient evidence of grand theft but suffici
• Camelien ST. Fabre v. State
  548 So. 2d 797· Fla. 1st DCA· 1989-09-06 ·cited 14×
  Camelien St. Fabre was convicted of both sale of cocaine and possession of cocaine under separate statutory subsections arising from a single transaction. The court held that these are separate offenses under the Blockburger test and that the legislature intended to punish them s
• Williams v. State
  547 So. 2d 710· Fla. 2d DCA· 1989-08-11 ·cited 14×
  Albert Williams appealed his convictions for sale and possession of cocaine. The court affirmed his sale conviction but vacated the possession conviction on double jeopardy grounds, finding that both charges arose from a single criminal act involving the same cocaine.
• Ferrell v. State
  544 So. 2d 336· Fla. 1st DCA· 1989-06-13 ·cited 14×
  Appellant Ferrell challenges his convictions for battery on a law enforcement officer and resisting an officer with violence arising from a jail disturbance. The court reversed, holding that the trial court erred by refusing to instruct the jury on the lesser included offenses of
• United States v. Komisaruk
  885 F.2d 490· 9th Cir.· 1989-05-10 ·cited 14×
  The court held that the district court did not err in precluding evidence of international law, necessity, or crime prevention as defenses to the charge of willfully damaging government property, nor in refusing a jury instruction on trespass as a lesser included offense.
• Daum v. State
  544 So. 2d 1035· Fla. 2d DCA· 1989-05-03 ·cited 14×
  William Leroy Daum appeals his revocation sentencing, challenging the addition of eighty points to his guidelines score for victim injury. The court reverses, holding that because Daum pled no contest to lewd assault rather than sexual battery, he should have received only twenty
• Nadworny v. Fair
  872 F.2d 1093· 1st Cir.· 1989-04-20 ·cited 14×
  A state prisoner's federal habeas claim is exhausted if the substance of the claim was presented to the state courts in a manner likely to alert them to its federal nature, even if only state precedent was cited.
• Etlinger v. State
  538 So. 2d 1354· Fla. 2d DCA· 1989-02-22 ·cited 14×
  The court held that the trial court erred in summarily denying the double jeopardy contention because recent supreme court decisions established a new constitutional right that applies retroactively. However, other grounds for relief were procedurally barred.
• Beverly v. Warden Mr. Charlie Jones & the Attorney Gen. of the State of Ala.
  854 F.2d 412· 11th Cir.· 1988-09-02 ·cited 14×
  The court held that a retrial on a lesser included offense is permissible after a conviction on a greater offense is reversed for insufficient evidence, and that federal courts must defer to state court interpretations of state statutes in habeas proceedings.
• United States v. Rein
  848 F.2d 777· 7th Cir.· 1988-06-08 ·cited 14×
  The court held that the defendant's statutory and constitutional speedy trial rights were not violated, the admission of his prior conviction was within the trial court's discretion, and the jury instruction on the lesser included offense was appropriate.
• Earsley Wilcher v. State
  524 So. 2d 1105· Fla. 3d DCA· 1988-05-10 ·cited 14×
  The court affirmed Wilcher's conviction for shooting a deadly missile into an occupied vehicle but reversed his conviction for discharging a firearm in public, holding that both statutes prohibit the same offense under double jeopardy principles. The court also reversed the addit
• Allen v. T.L. Morris
  845 F.2d 610· 6th Cir.· 1988-04-26 ·cited 14×
  The Sixth Circuit held that the district court erred in granting a writ of habeas corpus because the state trial court's exclusion of former testimony, based on the proponent's failure to independently demonstrate witness unavailability under state rules, did not violate due proc
• United States v. ROY
  843 F.2d 305· 8th Cir.· 1988-04-04 ·cited 14×
  The court held that while admitting an FBI agent's opinion testimony on the truthfulness of accomplices' statements was an abuse of discretion, it was harmless error given the overwhelming evidence and the limited impact of the testimony. The court also affirmed the denial of les
• State v. Crocker
  519 So. 2d 32· Fla. 2d DCA· 1987-12-18 ·cited 14×
  The court held that the trial court erred in denying the state's motion to find the defendant guilty of felony petit theft based on prior convictions, as the statute allows for such a determination post-conviction.
• United States v. Buckner
  830 F.2d 102· 7th Cir.· 1987-10-01 ·cited 14×
  The court held that a defendant's belief that his conduct was lawful can only negate the specific intent required for tax offenses if the mistake of law is objectively reasonable.
• Berry v. State
  511 So. 2d 1075· Fla. 1st DCA· 1987-08-26 ·cited 14×
  Raheem Berry was sentenced to ten years for burglary of a dwelling after pleading nolo contendere, departing upward from the guideline range of 12-30 months. The appellate court reversed and remanded for resentencing because the trial court relied on several invalid reasons for t
• Leonel Rios v. State
  510 So. 2d 1025· Fla. 3d DCA· 1987-07-21 ·cited 14×
  The appellate court affirmed the convictions and sentences of Leonel Rios for second-degree murder and unlawful possession of a firearm. The court found no merit in his claims that his confession should have been suppressed or that a mandatory minimum sentence was improperly impo
• Prather v. Rees
  822 F.2d 1418· 6th Cir.· 1987-07-06 ·cited 14×
  The court agrees that the exhaustion requirement could be waived if state remedies were not exhausted, but finds it unnecessary to decide the exhaustion issue.
• United States v. Tisdale
  817 F.2d 1552· 11th Cir.· 1987-06-02 ·cited 14×
  The court held that any constitutional error in using booking photographs from a prior arrest was harmless beyond a reasonable doubt due to overwhelming evidence of guilt, and that the trial court did not err in refusing jury instructions or limiting impeachment evidence.
• Young v. State
  506 So. 2d 13· Fla. 5th DCA· 1987-03-26 ·cited 14×
  Young was convicted of both sexual battery and lewd assault based on the same conduct with a minor victim. The appellate court affirmed the lewd assault conviction while finding that under State v. Lanier, lewd assault is a necessarily lesser included offense of sexual battery fo
• Gov't of the Virgin Islands v. Douglas
  812 F.2d 822· 3d Cir.· 1987-02-19 ·cited 14×
  The court held that the district court misconstrued the sentencing statute for attempt crimes by imposing a minimum sentence, and that the government has no jurisdiction to appeal the sentencing order. The court also held that the term 'rape' in the definition of 'crime of violen