Lesser Included Offense

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

• Griffin v. State
  128 So. 3d 88· Fla. 2d DCA· 2013-09-18 ·cited 12×
  The court affirmed a conviction for second-degree murder, holding that an erroneous jury instruction on a lesser included offense did not constitute fundamental error because the error did not pertain to a disputed element of the offense.
• Milagro Cunningham v. State
  74 So. 3d 568· Fla. 4th DCA· 2011-11-16 ·cited 12×
  Milagro Cunningham, age 17, was convicted of attempted second-degree murder, kidnapping a child under thirteen, three counts of sexual battery on a child under twelve, and aggravated child abuse. The Fourth District affirmed his convictions on all issues but reversed his life sen
• V.C. v. State
  63 So. 3d 831· Fla. 3d DCA· 2011-05-18 ·cited 12×
  A juvenile was adjudicated delinquent of felony battery as a lesser included offense of aggravated battery with a deadly weapon, but the Florida appellate court reversed because felony battery is a category two permissive lesser included offense that must be alleged in the chargi
• Thomas v. State
  61 So. 3d 1157· Fla. 1st DCA· 2011-04-14 ·cited 12×
  Dual convictions for selling cocaine and possessing cocaine with intent to sell, even when involving the same quantum of cocaine and occurring within 1000 feet of a school, do not violate the prohibition against double jeopardy.
• Baron Moore v. State
  57 So. 3d 240· Fla. 3d DCA· 2011-03-09 ·cited 12×
  Baron Moore was convicted of second-degree murder for killing Keith Culbertson. Moore appealed challenging the admission of a photograph of the victim's skull, the prosecutor's closing argument about the victim's position, and the jury instruction on manslaughter by intentional a
• del Valle v. State
  52 So. 3d 16· Fla. 2d DCA· 2010-12-10 ·cited 12×
  Appellate counsel was ineffective for failing to argue that the jury instruction for manslaughter by act constituted fundamental error, entitling the petitioner to relief.
• Santo Hernandez v. State
  56 So. 3d 752· Fla.· 2010-12-09 ·cited 12×
  Santo Hernandez was convicted of first-degree felony murder based on trafficking or attempted trafficking in cocaine, but the Florida Supreme Court reversed because the State failed to present sufficient evidence that Hernandez intended to buy or sell at least 28 grams of cocaine
• Michaud v. State
  47 So. 3d 374· Fla. 5th DCA· 2010-11-12 ·cited 12×
  The court held that a wrench can be a deadly weapon, but reversed a conviction for aggravated assault with a firearm due to the failure to instruct the jury on a lesser included offense.
• Conner v. State
  19 So. 3d 1117· Fla. 2d DCA· 2009-10-14 ·cited 12×
  Robert Conner was convicted of attempted first-degree murder and kidnapping for attacking a 13-year-old girl at a school bus stop, choking her with a stocking for several seconds before fleeing. The Florida Second District Court of Appeal reversed his kidnapping conviction, findi
• Beahr v. State
  992 So. 2d 844· Fla. 1st DCA· 2008-09-29 ·cited 12×
  James Beahr was convicted of both sexual battery and lewd or lascivious molestation against a ten-year-old child in a single criminal episode. The court reversed his conviction for lewd or lascivious molestation, holding that dual convictions for these crimes violate the Double J
• Kelly v. State
  987 So. 2d 1237· Fla. 2d DCA· 2008-08-13 ·cited 12×
  Kevin Kelly was convicted of three felonies related to a DUI accident: driving under the influence with serious bodily injury, driving without a valid driver's license with serious bodily injury, and leaving the scene of an accident with injury. The appellate court reversed the c
• Howell v. Mississippi
  543 U.S. 440· U.S.· 2005-01-24 ·cited 12×
  The Supreme Court dismissed the writ of certiorari as improvidently granted because the petitioner failed to properly raise his federal constitutional claim in the Mississippi state courts.
• Belser v. State
  854 So. 2d 223· Fla. 1st DCA· 2003-08-12 ·cited 12×
  The trial court erred in denying the request for a jury instruction on the lesser included offense of battery, as evidence supported such a charge.
• Jefferies v. State
  849 So. 2d 401· Fla. 2d DCA· 2003-06-27 ·cited 12×
  The court held that felony battery is not a category I lesser-included offense of manslaughter by culpable negligence when the charging document fails to allege an essential element of felony battery, such as an intentional striking.
• Mel Firsher v. State
  834 So. 2d 921· Fla. 3d DCA· 2003-01-15 ·cited 12×
  Mel Firsher appeals the denial of his motion for postconviction relief, arguing that the trial court erred by failing to instruct the jury on attempted manslaughter as a lesser-included offense. The appellate court affirmed the denial but remanded for correction of a scrivener's
• Piccioni v. State
  833 So. 2d 247· Fla. 4th DCA· 2002-12-26 ·cited 12×
  Joseph Piccioni was convicted of burglary of a dwelling after the trial court refused to instruct the jury on the lesser-included offense of trespass. The appellate court reversed, holding that the trial court erred by denying the requested instruction where both statutory requir
• Alonso v. State
  821 So. 2d 423· Fla. 3d DCA· 2002-07-17 ·cited 12×
  Arturo Alonso was convicted of sexual battery with great force based on conflicting testimony about whether the sexual encounter was consensual. The appellate court reversed and remanded for a new trial because the trial court failed to apply the constitutional four-part test req
• Boone v. State
  805 So. 2d 1040· Fla. 4th DCA· 2002-01-09 ·cited 12×
  Albert Boone appeals his conviction for improper exhibition of a dangerous weapon. The court reverses the conviction, holding that the trial judge erred in reinstating a lesser-included offense for jury consideration after having granted a motion for judgment of acquittal on that
• KEY v. State
  779 So. 2d 525· Fla. 2d DCA· 2000-12-13 ·cited 12×
  The court held that while the jury instruction on child abuse was erroneous, the defendant was not prejudiced. However, the trial court erred in adding points to the sentencing scoresheet for the victim's death.
• Peffley v. State
  766 So. 2d 418· Fla. 4th DCA· 2000-08-23 ·cited 12×
  The court held that the defendant's claims of ineffective assistance of counsel regarding jury instructions were legally sufficient and not refuted by the record.
• Brown v. State
  761 So. 2d 1135· Fla. 1st DCA· 2000-03-27 ·cited 12×
  Harold Eugene Brown appeals convictions for attempted first-degree murder with a firearm and felony causing bodily injury arising from shooting his wife. The court upholds both convictions against a double jeopardy challenge, holding that the Legislature intended to authorize mul
• ROY v. State
  711 So. 2d 1348· Fla. 1st DCA· 1998-06-15 ·cited 12×
  The court held that the appellant's claims regarding deprivation of due process and incorrect victim injury assessment were not cognizable under Florida Rule of Criminal Procedure 3.800(a).
• McCONN v. State
  648 So. 2d 837· Fla. 2d DCA· 1995-01-13 ·cited 12×
  The court held that convictions for lewd and lascivious conduct are barred by double jeopardy when the conduct is an integral part of the sexual activity offense, as alleged in the information.
• Kennedy v. State
  637 So. 2d 987· Fla. 1st DCA· 1994-06-07 ·cited 12×
  Kennedy appealed the denial of his Rule 3.850 post-conviction relief motion, which raised claims regarding jury instructions on lesser included offenses and ineffective assistance of counsel. The appellate court reversed in part and remanded, finding that Kennedy's ineffective as
• Schwartz Monzell Gainer v. State
  633 So. 2d 480· Fla. 1st DCA· 1994-02-23 ·cited 12×
  Gainer appeals convictions for cocaine possession with intent to distribute, attempted sale/delivery, and being a principal to sale/delivery. The court reverses the possession with intent to distribute conviction because the trial court erroneously refused to instruct the jury on
• Ozzievelt Fountain v. State
  623 So. 2d 572· Fla. 1st DCA· 1993-08-23 ·cited 12×
  Ozzievelt Fountain appeals his conviction for false imprisonment and aggravated assault, challenging the indictment's charging language and the sentencing designation of aggravated assault. The court finds the charging defect waived by failure to timely object, but agrees the jud
• Kolaric v. State
  616 So. 2d 117· Fla. 2d DCA· 1993-03-24 ·cited 12×
  Kolaric appeals his convictions for battery and sexual activity with a child subject to custodial/familial authority. The court affirms the battery conviction but reverses the sexual activity conviction, holding that the trial court erred in refusing to instruct the jury on lewd
• Sirmons v. State
  603 So. 2d 82· Fla. 5th DCA· 1992-07-31 ·cited 12×
  Sirmons was convicted of both grand theft auto and robbery with a weapon for a single taking of an automobile. The Fifth District affirmed both convictions, holding that under Florida law, separate convictions and punishments for robbery and grand theft are permissible when the s
• United States v. Beckham
  968 F.2d 47· D.C. Cir.· 1992-06-19 ·cited 12×
  The court affirmed the conviction, holding that a co-conspirator's statement was admissible as an adoptive admission, but remanded for resentencing because the district court misunderstood its authority to depart downward under the Sentencing Guidelines.
• United States v. Amos
  952 F.2d 992· 8th Cir.· 1991-12-24 ·cited 12×
  The court affirmed the conviction but remanded for resentencing, finding that the lesser included offenses were not applicable and that the sentencing court erred in its application of the sentencing guidelines.
• Taylor v. State
  589 So. 2d 997· Fla. 1st DCA· 1991-11-15 ·cited 12×
  The court held that the appellant could not be convicted of two armed robberies for a single forceful taking and that consecutive minimum mandatory sentences for firearm possession are improper in a single incident.
• Thomas v. State
  591 So. 2d 259· Fla. 4th DCA· 1991-10-09 ·cited 12×
  Isaac Thomas was convicted of burglary of a conveyance with intent to commit theft. The Florida appellate court reversed and remanded because the trial court erred by withdrawing a petit theft instruction without substituting the proper lesser-included offense of trespass, thereb
• United States v. Puryear
  940 F.2d 602· 10th Cir.· 1991-08-02 ·cited 12×
  The court held that the drug quantity is an essential element of the crime of simple possession under 21 U.S.C. § 844(a), and therefore must be determined by the jury, not the sentencing court.
• United States v. Medina
  940 F.2d 1247· 9th Cir.· 1991-07-31 ·cited 12×
  The court held that an indictment for aiding and abetting requires citation of the substantive statute, but not necessarily naming the principal. It also held that a conviction for engaging in a continuing criminal enterprise subsumes lesser-included conspiracy convictions, requi
• United States v. Loranza Verne Powell
  932 F.2d 1337· 9th Cir.· 1991-05-13 ·cited 12×
  The court held that the district court did not err in its voir dire, jury instructions, or sentencing determination, affirming the conviction and sentence.
• United States v. Sotelo-Rivera
  931 F.2d 1317· 9th Cir.· 1991-05-01 ·cited 12×
  The court held that drug quantity is not an element of the offense of possession with intent to distribute under 21 U.S.C. § 841(a), but is relevant for penalty provisions under § 841(b).
• Gonzalez v. State
  569 So. 2d 782· Fla. 4th DCA· 1990-10-10 ·cited 12×
  Appellant Gonzalez appealed his conviction for third-degree murder and aggravated battery, challenging the exclusion of a black juror and the enhancement of his third-degree murder conviction to a first-degree felony based on firearm use. The Fourth District affirmed the convicti
• United States v. Sappe
  898 F.2d 878· 2d Cir.· 1990-03-15 ·cited 12×
  The court held that separate convictions for bank robbery and armed bank robbery under 18 U.S.C. § 2113 merge, and the conviction for the lesser offense must be vacated. The court also held that the district court failed to follow proper procedure for an upward departure from the
• United States v. MacArthur Martin Bryant
  892 F.2d 1466· 10th Cir.· 1989-12-27 ·cited 12×
  The court held that the jury instructions adequately defined the elements of involuntary manslaughter and that the trial judge's sentencing comments did not violate the Double Jeopardy Clause. The judge's remarks indicated disagreement with the jury's verdict but did not lead to
• Smith v. State
  548 So. 2d 755· Fla. 5th DCA· 1989-08-31 ·cited 12×
  Smith was convicted of aggravated assault with a deadly weapon and possession of a firearm in the commission of a felony based on the same five-minute incident. The court affirmed the firearm conviction but reversed the aggravated assault conviction, finding that Florida law bars
• Kelley v. State
  543 So. 2d 286· Fla. 1st DCA· 1989-04-21 ·cited 12×
  Belinda Kelley was convicted of manslaughter with a firearm and possession of a firearm in the commission of a felony for shooting her husband. The Florida appellate court reversed the conviction and remanded for a new trial, finding that the trial court erred in admitting hearsa
• Gibbons v. State
  540 So. 2d 144· Fla. 4th DCA· 1989-03-08 ·cited 12×
  James Gibbons appealed his conviction and sentence for aggravated battery, firearm possession, and aggravated assault. The appellate court found reversible error in the sentencing scoresheet computation and ruled that dual convictions for aggravated assault and firearm possession
• Stringer v. Jackson
  862 F.2d 1108· 5th Cir.· 1988-12-22 ·cited 12×
  The court held that the petitioner's claims of prosecutorial misconduct, erroneous jury instructions, and ineffective assistance of counsel were either procedurally barred or without merit, affirming the denial of the writ of habeas corpus.
• United States v. Oldfield
  859 F.2d 392· 6th Cir.· 1988-09-30 ·cited 12×
  The court held that the defendant's argument regarding the exclusivity of the odometer tampering statute was not preserved for appeal due to untimely filing of the motion. The court also held that sufficient evidence supported the jury's finding that the use of the mails was in f
• Brown v. State
  529 So. 2d 1247· Fla. 4th DCA· 1988-08-17 ·cited 12×
• Reedy v. State
  527 So. 2d 962· Fla. 5th DCA· 1988-07-07 ·cited 12×
• Micky Dale Davis v. State
  527 So. 2d 962· Fla. 5th DCA· 1988-07-07 ·cited 12×
  Micky Davis was convicted of attempted lewd and lascivious assault and lewd and lascivious assault upon his fourteen-year-old daughter based on her testimony. The appellate court reversed and remanded for a new trial, finding that the trial court improperly restricted cross-exami
• Roque J. Torres v. State
  527 So. 2d 272· Fla. 3d DCA· 1988-06-14 ·cited 12×
  Defendant's convictions for attempted second-degree murder affirmed, but convictions for unlawful firearm possession and shooting into an occupied building vacated as lesser-included offenses; sentence affirmed as within guidelines.
• The United States v. Aguilar
  849 F.2d 92· 3d Cir.· 1988-06-07 ·cited 12×
  A prior conviction for conspiracy bars a subsequent prosecution for Continuing Criminal Enterprise (CCE) if conspiracy is a lesser included offense of CCE and the same conduct underlies both charges.
• Bennie Jess, Jr. v. State
  523 So. 2d 1268· Fla. 5th DCA· 1988-04-28 ·cited 12×
  The court held that the jury should have been instructed on simple possession of cannabis as a lesser included offense, and failure to do so requires reversal.