Lesser Included Offense

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

• United States v. McKINLEY
  485 F.2d 1059· D.C. Cir.· 1973-09-10 ·cited 14×
  The court held that the admission of a sawed-off shotgun and pre-indictment photographic identification was not error, and that court-ordered lineup forms were admissible. Assault convictions were reversed as lesser included offenses.
• Blackman v. State
  265 So. 2d 734· Fla. 3d DCA· 1972-08-29 ·cited 14×
  The court held that the trial judge's remarks during plea negotiations did not constitute a binding agreement, and the sentences imposed were lawful and within statutory limits.
• United States v. Follette
  462 F.2d 1041· 2d Cir.· 1972-06-23 ·cited 14×
  The court held that the defendant's strategy at the first trial, which led to the jury being instructed to convict of either premeditated or felony murder but not both, constituted consent to the procedure and waived any double jeopardy claim upon retrial for felony murder after
• Morrison v. State
  259 So. 2d 502· Fla. 3d DCA· 1972-03-14 ·cited 14×
  A trial court is not precluded from charging the jury on a lesser included offense, even over the defendant's objection, if the evidence supports such a charge.
• Tarpley v. State
  258 So. 2d 301· Fla. 3d DCA· 1972-02-22 ·cited 14×
  Appellant Tarpley was convicted of robbery and assault with intent to commit murder (convicted of the lesser included offense of aggravated assault) and received concurrent sentences. He appealed arguing that where multiple counts arise from the same transaction, only one sentenc
• Jewel Evangeline Rowan v. State
  252 So. 2d 851· Fla. 3d DCA· 1971-09-28 ·cited 14×
  Jewel Evangeline Rowan was convicted of third-degree murder after being charged with second-degree murder. On appeal, she challenged the sufficiency of evidence and the trial court's allowance of an unlisted rebuttal witness, but the appellate court found no reversible error and
• Thomas v. United States
  419 F.2d 1203· D.C. Cir.· 1969-11-17 ·cited 14×
  The court held that the trial court's failure to instruct the jury on involuntary manslaughter, when accidental death was the sole contested issue, constituted reversible error.
• Little v. United States
  417 F.2d 912· 9th Cir.· 1969-11-03 ·cited 14×
  The court held that the confession was admissible, the evidence was sufficient to prove jeopardy, and the trial court did not err in refusing a lesser included offense instruction.
• Edwards v. State
  223 So. 2d 746· Fla. 3d DCA· 1969-06-17 ·cited 14×
  Edwards was convicted of attempting to utter a forged instrument and argued no such separate crime existed in Florida law. The court affirmed, holding that attempting to utter a forged instrument constitutes an offense even though it is not a separate crime from uttering itself,
• Little v. State
  206 So. 2d 9· Fla.· 1968-01-17 ·cited 14×
  The Florida Supreme Court reviewed a robbery conviction where the trial judge refused to instruct the jury on lesser included offenses of grand and petty larceny. The Court held that when robbery is proven, larceny is necessarily proven as an included offense, and the jury must b
• Wolfe v. State
  202 So. 2d 133· Fla. 4th DCA· 1967-09-11 ·cited 14×
  Karl Richard Wolfe appeals his manslaughter conviction, challenging the trial court's refusal to declare a mistrial when a prosecution witness testified that the deceased victim was her husband. The court upheld the conviction, finding that evidence of the victim's family relatio
• Johnson v. State
  188 So. 2d 61· Fla. 3d DCA· 1966-06-21 ·cited 14×
  Elsie Johnson appealed her conviction for breaking and entering a dwelling house with intent to commit a felony and the revocation of her probation on a prior worthless check conviction. The appellate court affirmed the probation revocation but reversed the breaking and entering
• Schneider v. State
  152 So. 2d 731· Fla.· 1963-04-03 ·cited 14×
  Raymond Alexander Schneider was convicted of first-degree murder in the shooting death of Roger S. Hendry and sentenced to death. On appeal, Schneider challenged the admissibility of evidence obtained after his arrest, the sufficiency of corpus delicti evidence, and the trial jud
• State v. Schaag
  115 So. 2d 783· Fla. 1st DCA· 1959-10-27 ·cited 14×
  Florida appeals trial court orders vacating sentences imposed on defendants convicted of robbery and larceny arising from the same transaction. The appellate court holds that while the trial court properly vacated the sentence on the lesser included offense (larceny), it lacked a
• Younger v. United States
  263 F.2d 735· D.C. Cir.· 1959-02-05 ·cited 14×
  The court held that taking indecent liberties with a child is a lesser included offense of assault with intent to commit carnal knowledge.
• Earvin Smith v. State
  211 So. 3d 176· Fla. 3d DCA· 2016-12-21 ·cited 13×
  Earvin Smith appeals his convictions for armed sexual battery and armed burglary committed in 1990 but prosecuted in 2011 after a DNA match. The court affirmed the sexual battery conviction but reversed the burglary conviction as time-barred by the statute of limitations, and cer
• Ahmad R. Milton v. State
  161 So. 3d 1245· Fla.· 2014-11-20 ·cited 13×
  The Florida Supreme Court held that discharging a firearm cannot constitute the "intentional act" required for attempted felony murder when the underlying felony is attempted murder against the same victims, because firing the weapon is an essential element of attempted murder it
• In re Standard Jury Instructions IN Crim. Cases-Instruction 6.6
  132 So. 3d 1124· Fla.· 2014-02-06 ·cited 13×
  The Court authorizes the publication and use of amended jury instruction 6.6 for Attempted Voluntary Manslaughter by Act, consistent with prior case law.
• DE LA HOZ v. Crews
  123 So. 3d 101· Fla. 3d DCA· 2013-09-25 ·cited 13×
  De La Hoz petitions for habeas corpus to vacate his second-degree murder conviction based on fundamentally erroneous jury instructions on manslaughter that were later declared reversible error in Haygood v. State. The court grants relief on narrow procedural grounds, finding mani
• R.J.R. v. State
  88 So. 3d 264· Fla. 1st DCA· 2012-04-12 ·cited 13×
  A juvenile was adjudicated delinquent and sentenced to probation on two charges arising from the same incident: resisting an officer with violence and resisting an officer without violence. The court held that convictions for both charges violate double jeopardy principles becaus
• Haliburton v. State
  7 So. 3d 601· Fla. 4th DCA· 2009-04-01 ·cited 13×
  Haliburton appeals the trial court's denial of his successive Rule 3.800(a) and 3.850 motions challenging his aggravated battery conviction. The court affirms, holding that the claim is procedurally barred by law of the case and collateral estoppel doctrines, and that no manifest
• Bartlett v. State
  993 So. 2d 157· Fla. 1st DCA· 2008-10-29 ·cited 13×
  Laurie Bartlett was convicted of manslaughter in the stabbing death of her live-in boyfriend. The appellate court reversed her conviction because the trial court improperly allowed the lead investigator to testify that he had ruled out self-defense before signing the criminal com
• N.H.M. v. State
  974 So. 2d 484· Fla. 2d DCA· 2008-01-25 ·cited 13×
  The court held that a conviction for a crime not alleged in the charging document, and not a necessarily lesser-included offense, violates due process.
• Octavia Wright v. State
  975 So. 2d 498· Fla. 2d DCA· 2007-07-27 ·cited 13×
  A jury instruction that erroneously includes an element of an offense not charged, and which is disputed, constitutes fundamental error requiring reversal.
• Johnson v. State
  796 So. 2d 1227· Fla. 4th DCA· 2001-10-10 ·cited 13×
  The court held that the failure to file a motion to dismiss the trafficking charge constituted ineffective assistance of counsel, warranting dismissal of the charge.
• Blevins v. State
  756 So. 2d 1052· Fla. 4th DCA· 2000-04-12 ·cited 13×
  Florida appeals court affirmed Blevins' convictions for burglary of a dwelling with battery, aggravated battery, robbery, and third-degree grand theft against a 76-year-old woman. The court upheld the admission of similar-fact collateral crime evidence to prove identity and rejec
• Johnson v. State
  744 So. 2d 1221· Fla. 4th DCA· 1999-11-10 ·cited 13×
  Johnson was convicted by jury of battery (as a lesser included offense) and aggravated battery arising from a single criminal episode. The court reversed the battery conviction on double jeopardy grounds, holding that dual convictions for offenses arising from the same continuous
• Leavorn Graves v. State
  704 So. 2d 147· Fla. 1st DCA· 1997-11-26 ·cited 13×
  The court affirmed the conviction for sexual battery, holding that the evidence was sufficient and the jury instructions, though erroneous, did not constitute fundamental error due to lack of objection and waiver.
• Biles v. State
  700 So. 2d 166· Fla. 4th DCA· 1997-10-15 ·cited 13×
  Richard Biles appeals his conviction on sexual battery charges against two children. The Fourth District Court of Appeal affirmed most convictions but reversed the conviction on count five for failure to give a jury instruction on battery as a lesser included offense, and vacated
• State v. Lewek
  656 So. 2d 268· Fla. 4th DCA· 1995-06-21 ·cited 13×
  The State of Florida appealed the trial court's dismissal of vehicular homicide charges against Lewek, who was charged with multiple counts arising from a fatal traffic accident. The Fourth District Court of Appeal held that while a defendant cannot be convicted of both manslaugh
• Heriberto Delvalle v. State
  653 So. 2d 1078· Fla. 5th DCA· 1995-04-13 ·cited 13×
  The court held that the defendant invited the error regarding the verdict form and that any error was harmless given the overwhelming evidence.
• United States v. Arrows
  946 F.2d 62· 8th Cir.· 1991-09-25 ·cited 13×
  The court held that the evidence was insufficient to support a conviction for aggravated sexual abuse but sufficient for the lesser included offense of abusive sexual contact, and that the admission of therapist testimony was not an abuse of discretion.
• Greenawalt v. Ricketts
  943 F.2d 1020· 9th Cir.· 1991-08-22 ·cited 13×
  The Court held that the new rule announced in Minnick v. Mississippi, regarding the inadmissibility of confessions obtained after a request for counsel, cannot be retroactively applied to cases on collateral review. The Court also held that the Enmund v. Florida rule regarding me
• Rigoberto Garcia v. State
  535 So. 2d 290· Fla. 3d DCA· 1988-10-18 ·cited 13×
  Garcia was convicted of second-degree murder and appealed, arguing the trial court erred by refusing to reinstruct the jury on justifiable and excusable homicide when the jury requested clarification on manslaughter. The court affirmed, holding that while the omission was technic
• Rembert v. Dugger
  842 F.2d 301· 11th Cir.· 1988-04-15 ·cited 13×
  The court held that while the trial court erred in failing to instruct the jury on lesser included offenses, this error was rendered harmless by the imposition of a life sentence, thus denying habeas corpus relief.
• United States v. Schmuck
  776 F.2d 1368· 7th Cir.· 1985-11-12 ·cited 13×
  The court held that the defendant was entitled to a jury instruction on the lesser included offense of odometer tampering because a rational jury could have found him innocent of mail fraud but guilty of odometer tampering.
• Callaghan v. State
  462 So. 2d 832· Fla. 4th DCA· 1984-12-19 ·cited 13×
  Edward Callaghan was convicted of two counts of shooting in a dwelling (lesser included offense of attempted murder) and sentenced above guideline range. The appellate court reversed, holding that a defendant who fires one shot cannot be convicted of two counts of the same offens
• Roberts v. State
  461 So. 2d 212· Fla. 1st DCA· 1984-12-18 ·cited 13×
  William Roberts was convicted by jury of criminal mischief and filing a false insurance claim after being charged with second-degree arson for burning his own mobile home to defraud his insurer. The appellate court affirmed the convictions, holding that although the trial court e
• Fuller v. State
  414 So. 2d 264· Fla. 3d DCA· 1982-05-25 ·cited 13×
  Failure to instruct on the underlying felony for a third-degree felony murder conviction constitutes fundamental error requiring reversal.
• Adams v. Murphy
  653 F.2d 224· 5th Cir.· 1981-08-14 ·cited 13×
  A conviction for a nonexistent crime, even if invited by defense counsel, violates due process and requires a writ of habeas corpus to issue.
• Chapman v. State
  389 So. 2d 1065· Fla. 5th DCA· 1980-10-22 ·cited 13×
  A defendant who fails to timely move against an information waives the defense of double jeopardy.
• State v. Young
  357 So. 2d 416· Fla. 2d DCA· 1978-01-18 ·cited 13×
  Florida's vehicular homicide statute (Section 782.071) is the exclusive statute under which a defendant can be charged for death resulting from reckless operation of a motor vehicle, not the general manslaughter statute (Section 782.07), despite the latter's broader language. The
• White v. State
  348 So. 2d 382· Fla. 2d DCA· 1977-07-22 ·cited 13×
  A sentence for a first-degree misdemeanor cannot exceed one year, even if the defendant is convicted of multiple counts.
• State v. Alvarez
  42 Fla. Supp. 83· Dade Cty. Cir. Ct.· 1975-05-08 ·cited 13×
  The Dade County Circuit Court granted defendants' motion to dismiss charges of violating Florida's unnatural and lascivious conduct statute (§800.02) arising from consensual homosexual activity in a private club. The court found the statute unconstitutionally vague, particularly
• Milledge DuPREE v. State
  310 So. 2d 396· Fla. 2d DCA· 1975-02-05 ·cited 13×
  Milledge DuPree was convicted of aggravated assault arising from a motor vehicle accident that killed three people, after being acquitted of manslaughter charges. The appellate court reversed the conviction, holding that the evidence was insufficient to establish culpable neglige
• Wilson v. State
  265 So. 2d 411· Fla. 4th DCA· 1972-08-07 ·cited 13×
  Herbert Wallace Wilson was convicted of robbery and sentenced to life imprisonment. The Florida appellate court reversed and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on the lesser included offense of simple assault, which was s
• United States v. The Honorable William P. Gray
  448 F.2d 164· 9th Cir.· 1971-08-20 ·cited 13×
  A district court cannot accept a defendant's guilty plea to a lesser included offense over the government's objection, as this violates the procedural rules governing arraignment and pleas.
• Bazarte v. State
  114 So. 2d 500· Fla. 2d DCA· 1959-08-28 ·cited 13×
  The court addressed whether defendants could be convicted of conspiracy to promote bolita (lottery) based on conduct spanning before and after October 1, 1957, when Florida law changed conspiracy from a misdemeanor to a felony offense. The court held that the statutory amendment
• Miller v. United States
  207 F.2d 33· D.C. Cir.· 1953-08-03 ·cited 13×
  The court held that a conviction for assault with intent to commit carnal knowledge is supported by testimony of carnal knowledge, even if the jury doubted the completed crime, and that such testimony was sufficiently corroborated.
• Davis v. State
  235 So. 3d 320· Fla.· 2018-02-01 ·cited 12×
  The court held that the Fifth District Court of Appeal correctly ordered the reduction of convictions from robbery with a deadly weapon to robbery with a weapon, as the evidence supported the lesser offense and the greater offense was not charged or a lesser-included offense.