Lesser Included Offense

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

• United States v. Chiattello
  804 F.2d 415· 7th Cir.· 1986-10-30 ·cited 14×
  The court held that the Mississippi and Indiana conspiracies were separate, thus not violating double jeopardy, and that the indictment sufficiently charged a continuing criminal enterprise.
• United States v. Schmuck
  840 F.2d 384· 7th Cir.· 1986-06-09 ·cited 14×
  The court held that the district court erred in denying the defendant's requested lesser included offense instruction on odometer tampering.
• Mosley v. State
  482 So. 2d 530· Fla. 1st DCA· 1986-01-31 ·cited 14×
  Carl Elbert Mosley was convicted of two counts of second degree murder, attempted second degree murder, and use of a firearm in a felony. On appeal, he challenged the trial court's failure to instruct the jury on lesser included offenses, but the appellate court affirmed because
• Gov't OF the Virgin Islands v. Franke Hoheb
  777 F.2d 138· 3d Cir.· 1985-11-21 ·cited 14×
  The court held that inconsistent jury verdicts in a criminal trial, even in a conspiracy case, may be upheld based on Supreme Court precedent.
• Owens v. State
  475 So. 2d 1238· Fla.· 1985-09-12 ·cited 14×
  Florida Supreme Court held that an information alleging only that a defendant "carried" a firearm is insufficient to support a jury instruction on aggravated assault, which requires proof of "use" of a deadly weapon in committing an assault.
• Gov't OF the Virgin Islands v. Joseph
  765 F.2d 394· 3d Cir.· 1985-06-21 ·cited 14×
  A conviction for an offense not charged in the information, even if a lesser included offense under some tests, must be overturned if it requires proof of an element not present in the charged offense, violating the defendant's Sixth Amendment right to be informed of the charges.
• United States v. Regis Price
  763 F.2d 640· 4th Cir.· 1985-06-06 ·cited 14×
  The court held that the deposit of false credit card sales receipts, containing fictitious information, constitutes making a false statement under 18 U.S.C. § 1014, and an acquittal on a conspiracy charge does not preclude conviction on substantive offenses.
• United States v. Countryman
  758 F.2d 574· 11th Cir.· 1985-04-19 ·cited 14×
  The court affirmed the convictions but vacated the sentences and remanded for resentencing because the district court failed to make the required express finding that the defendant would not benefit from sentencing under the Federal Youth Corrections Act.
• United States v. Roland
  748 F.2d 1321· 2d Cir.· 1984-11-20 ·cited 14×
  The court held that the defendant's request for a specific jury instruction regarding lesser included offenses was untimely because it was made after jury deliberations had begun. The court also rejected the defendant's other claims regarding entrapment and sentencing.
• Morales v. State
  451 So. 2d 941· Fla. 5th DCA· 1984-06-07 ·cited 14×
  The court held that the evidence supported conviction for two separate robberies because distinct force was used against two victims, resulting in separate takings.
• United States v. Whitley
  734 F.2d 994· 4th Cir.· 1984-05-15 ·cited 14×
  The court held that the defendant's sentence must be vacated under North Carolina v. Pearce.
• W.J.W. v. State
  446 So. 2d 248· Fla. 5th DCA· 1984-03-08 ·cited 14×
  This dissenting opinion argues that discharging a firearm in public is not a lesser included offense of aggravated battery, and therefore, a child charged with aggravated battery could not be found delinquent for discharging a firearm in public as a lesser offense.
• United States v. Kirk
  723 F.2d 1379· 8th Cir.· 1983-12-29 ·cited 14×
  The court vacated the conspiracy conviction and sentence due to double jeopardy, finding it a lesser included offense of continuing criminal enterprise. The court applied the concurrent sentence rule to avoid deciding whether cumulative sentences for CCE and its predicate offense
• Garcia v. State
  444 So. 2d 969· Fla. 5th DCA· 1983-12-08 ·cited 14×
  Garcia appeals his armed robbery conviction, challenging the sufficiency of evidence and the admission of a firearm. The court affirms the conviction but certifies to the Florida Supreme Court a question of great public importance regarding whether a defendant can be convicted of
• Cleveland O. Bragg v. State
  433 So. 2d 1375· Fla. 2d DCA· 1983-07-13 ·cited 14×
  Cleveland Bragg was convicted of sexual battery with slight force, a lesser-included offense, after being charged with sexual battery using or threatening to use a deadly weapon. The appellate court reversed because the lesser offense was not alleged in the charging information a
• Drotar v. State
  433 So. 2d 1005· Fla. 3d DCA· 1983-05-31 ·cited 14×
  Drotar was charged with second-degree murder for kicking and beating a victim, but was convicted of aggravated battery instead. He appeals the jury instruction on aggravated battery, arguing it is not a lesser included offense of homicide.
• United States v. Dickinson
  706 F.2d 88· 2d Cir.· 1983-04-21 ·cited 14×
  The court held that the felony conviction under 31 U.S.C. § 1059(2) was based on an erroneous interpretation of the statute, requiring reversal. However, the conviction for the predicate misdemeanor offense survives.
• United States v. Rickie Steven Zabel
  702 F.2d 704· 8th Cir.· 1983-03-16 ·cited 14×
  The court held that the government may prosecute defendants under general interstate theft statutes even if a more specific statute exists, provided the elements differ, and that untimely disclosure of a taped conversation did not prejudice the defendants.
• Vause v. State
  424 So. 2d 52· Fla. 1st DCA· 1982-12-08 ·cited 14×
  Willie Vause was convicted of third-degree murder, shooting into an occupied vehicle, and using a firearm in the commission of a felony for shooting at a departing vehicle and killing Randall Mayo. The appellate court affirmed the convictions but partially reversed the sentences,
• Ferguson v. State
  420 So. 2d 585· Fla.· 1982-09-09 ·cited 14×
  A person may be convicted and sentenced for both burglary and possession of burglary tools, even if the tool is a common household item, if the evidence shows intent or actual use in a burglary.
• Lindsey v. State
  416 So. 2d 471· Fla. 4th DCA· 1982-06-02 ·cited 14×
  The court concurred in the affirmance, finding that false imprisonment is not a lesser included offense and thus subject to separate sentencing under Section 775.021(4), Florida Statutes, despite potential merger.
• Gaylord v. State
  413 So. 2d 72· Fla. 2d DCA· 1982-03-26 ·cited 14×
  George Gaylord was convicted of robbery with a weapon and aggravated battery, receiving consecutive sentences. He appealed arguing the aggravated battery conviction should be vacated as a lesser included offense of robbery, and challenging attorney's fees assessed without proper
• Morgan v. State
  407 So. 2d 962· Fla. 4th DCA· 1981-12-09 ·cited 14×
• United States v. Counter
  661 F.2d 374· 5th Cir.· 1981-11-13 ·cited 14×
  The court held that a motion to reduce a sentence under Rule 35 must be filed within 120 days, and the court lacked jurisdiction for claims not raised within that period, but could consider claims of illegal sentences at any time.
• Tapp v. Lucas
  658 F.2d 383· 5th Cir.· 1981-10-07 ·cited 14×
  A state court's explanation that a prior reversal was based on 'trial error' rather than insufficient evidence permits retrial, and resentencing for manslaughter on a murder conviction is permissible if the risk of jury compromise is absent.
• Gibson v. State
  403 So. 2d 1019· Fla. 3d DCA· 1981-07-21 ·cited 14×
  Appellants Gibson and Grant appealed their convictions for robbery with a firearm and possession of a firearm while engaged in a criminal offense, raising double jeopardy, jury instruction, and prosecutorial misconduct claims. The court affirmed the robbery conviction but reverse
• Crawford Lee Groomes v. State
  401 So. 2d 1139· Fla. 3d DCA· 1981-07-21 ·cited 14×
  Crawford Groomes appealed his conviction for first-degree murder, burglary, and robbery, challenging the six-person jury trial, the admissibility of his confession as a juvenile, and the imposition of consecutive sentences for felony-murder and the underlying robbery. The court a
• Lewis v. State
  399 So. 2d 473· Fla. 4th DCA· 1981-06-03 ·cited 14×
  Richard Lewis was convicted of simple assault, a lesser-included offense of the aggravated assault he was charged with, after the trial court refused to instruct the jury on the penalties for the offense charged. The Fourth District Court of Appeal reversed its initial decision t
• Cantrell v. State
  405 So. 2d 986· Fla. 1st DCA· 1981-02-11 ·cited 14×
  Cantrell appealed a denial of post-conviction relief challenging separate sentences for burglary and possession of burglary tools. The court held that when burglary tools are mere household items used in a burglary, double jeopardy principles preclude separate convictions and pun
• Peek v. Louie L. Wainwright
  393 So. 2d 1175· Fla. 3d DCA· 1981-02-10 ·cited 14×
  Petitioner challenges his conviction and sentence for felony petit theft, arguing he was never formally charged with that offense but only with strong-armed robbery. The court upheld the sentence, holding that a defendant convicted of petit theft as a lesser-included offense can
• Tyler v. Wyrick
  635 F.2d 752· 8th Cir.· 1980-12-31 ·cited 14×
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, and that the defendant was not denied effective assistance of counsel.
• Bishop v. Mazurkiewicz
  634 F.2d 724· 3d Cir.· 1980-12-02 ·cited 14×
  The court held that a state trial court's refusal to instruct the jury on involuntary manslaughter was not a due process violation, even if state appellate court decisions on the issue were inconsistent.
• Pagano v. State
  387 So. 2d 349· Fla.· 1980-07-03 ·cited 14×
  The Florida Supreme Court reversed a conviction for attempted corruption by threat, holding that attempted corruption by threat cannot be a lesser included offense because the statute itself encompasses the attempt within its definition.
• Losko Bell v. State
  382 So. 2d 107· Fla. 5th DCA· 1980-03-26 ·cited 14×
  The court held that the trial court erred in failing to make a specific finding that an enhanced penalty was necessary for public protection, and that the conviction for grand theft should be affirmed.
• United States v. Sanchez
  609 F.2d 761· 5th Cir.· 1980-01-09 ·cited 14×
  A district judge's rejection of a conditionally accepted guilty plea to a lesser included offense does not bar prosecution of the original, greater offense on double jeopardy grounds.
• Riley v. State
  367 So. 2d 1091· Fla. 3d DCA· 1979-02-27 ·cited 14×
  Debra Riley was convicted of aggravated battery and grand larceny (a lesser included offense of robbery) and sentenced to concurrent three-year terms. On appeal, she challenged the trial court's evidentiary rulings and jury instructions, but the appellate court found no reversibl
• Pilon v. Bordenkircher
  593 F.2d 264· 6th Cir.· 1979-02-26 ·cited 14×
  The court held that the refusal to give a lesser included offense instruction for reckless homicide was not a denial of due process because there was no evidentiary basis for such an instruction under Kentucky law.
• Odell Aaron Hicks v. State
  362 So. 2d 730· Fla. 3d DCA· 1978-10-02 ·cited 14×
  Odell Aaron Hicks was convicted of involuntary sexual battery with threats of force likely to cause serious personal injury and sentenced to thirty years. The Florida Third District Court of Appeal reversed and remanded for a new trial, holding that the jury verdict convicted Hic
• Jane v. State
  362 So. 2d 1005· Fla. 4th DCA· 1978-09-27 ·cited 14×
  Robert Jane was convicted of false imprisonment and battery arising from his restraint of Alice Williams in a grocery store parking lot during an attempted child abduction. The appellate court affirmed the false imprisonment conviction but reversed the battery conviction, holding
• United States v. Callison
  577 F.2d 53· 8th Cir.· 1978-06-07 ·cited 14×
  The court held that the search warrant and subsequent search were valid, and that any errors in admitting evidence or in jury instructions were harmless given the overwhelming evidence of guilt.
• United States v. Cobb
  558 F.2d 486· 8th Cir.· 1977-07-18 ·cited 14×
  The court held that the evidence was insufficient to prove the defendant put a life in jeopardy by a dangerous weapon under 18 U.S.C. § 2113(d), as an inference of a loaded gun from a partially concealed object is not enough.
• Smith v. State
  340 So. 2d 1216· Fla. 4th DCA· 1976-12-17 ·cited 14×
  Joseph Curtis Smith was convicted of involuntary sexual battery (a life felony) under Florida Statute § 794.011(3) for sexually assaulting a victim after forcibly pulling her from a couch into a bedroom. The Fourth District Court of Appeal reversed and remanded, holding that the
• Gov't OF the Canal Zone v. Fears
  528 F.2d 641· 5th Cir.· 1976-03-15 ·cited 14×
  The court held that the trial judge's remarks and instructions, even if potentially coercive, did not constitute plain error requiring reversal of the conviction.
• Drayton v. State
  320 So. 2d 23· Fla. 2d DCA· 1975-09-17 ·cited 14×
• Phillips v. United States
  518 F.2d 108· 4th Cir.· 1975-06-03 ·cited 14×
  The court held that the government could not introduce evidence showing the defendant was in the bank during the robbery to prove knowledge that the money was stolen, due to a misapplication of the Milanovich rule and principles of estoppel.
• Tyre Andre Jermaine Angel v. State
  305 So. 2d 283· Fla. 1st DCA· 1974-12-19 ·cited 14×
  Tyre Angel was convicted by jury of breaking and entering with intent to commit petit larceny and grand larceny. The appellate court reversed the grand larceny conviction due to inadmissible hearsay evidence regarding the calculator's value and vacated both sentences for failure
• United States v. Jackson
  509 F.2d 499· D.C. Cir.· 1974-12-12 ·cited 14×
  The court held that photographic and lineup identifications were not impermissibly suggestive and that the victim's in-trial identification was reliable. The court also found that references to other criminality did not warrant a mistrial.
• Cundiff v. United States
  501 F.2d 188· 8th Cir.· 1974-07-23 ·cited 14×
  The court held that the search warrant affidavit established probable cause based on eyewitness accounts, and the jury verdict forms, while not ideal, did not prejudice the defendant.
• United States v. Branic
  495 F.2d 1066· D.C. Cir.· 1974-04-09 ·cited 14×
  The court affirmed felony murder and armed robbery convictions, vacated assault convictions, and reversed one defendant's sentence, holding that the felony murder statute for certain felonies does not require foreseeability of death and that 'conviction' for youth offender status
• Ward v. State
  287 So. 2d 138· Fla. 4th DCA· 1973-12-21 ·cited 14×
  Johnny Lee Ward was convicted of breaking and entering a dwelling with intent to commit a misdemeanor after the trial court reduced the original felony charge. The appellate court reversed because the trial court erroneously refused to instruct the jury on the lesser included off