Lesser Included Offense

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

• Cordova v. Lynaugh
  838 F.2d 764· 5th Cir.· 1988-02-17 ·cited 12×
  The court held that the trial court violated the defendant's due process rights by failing to instruct the jury on the lesser included offense of murder in a capital case when the evidence could have supported such a verdict.
• United States v. Palacios
  835 F.2d 230· 9th Cir.· 1987-12-30 ·cited 12×
  The court held that there was sufficient evidence to support the conviction for possessing and passing counterfeit bills, and that consecutive sentences for these offenses did not violate the Double Jeopardy Clause.
• United States v. Andino
  831 F.2d 1164· 1st Cir.· 1987-10-28 ·cited 12×
  The court held that Puerto Rico's territorial status prevents the application of the 'dual sovereignty' doctrine for double jeopardy purposes, as it derives its authority from Congress, not a separate sovereign.
• United States v. Amos Davenport
  824 F.2d 1511· 7th Cir.· 1987-07-15 ·cited 12×
  The court held that the defendant's right to inspect jury selection records was limited to available jury lists, not questionnaires, and that the jury instructions on willfulness and good faith were proper.
• United States v. Leisa Beatrice Gibson
  820 F.2d 692· 5th Cir.· 1987-06-22 ·cited 12×
  A defendant cannot be convicted and sentenced for both robbery of United States property under 18 U.S.C. § 2114 and robbery within the special jurisdiction of the United States under 18 U.S.C. § 2111 for the same conduct, as the jurisdictional element does not represent a separat
• United States v. Arbelaez
  812 F.2d 530· 9th Cir.· 1987-03-11 ·cited 12×
  The court held that a defendant cannot be punished for both conspiracy and the underlying substantive offenses if they are not distinct under the Blockburger test, and that separate sentences for aiding and abetting possession and distribution are impermissible when arising from
• United States v. Cooper
  812 F.2d 1283· 10th Cir.· 1987-02-27 ·cited 12×
  The court held that giving lesser included offense instructions based solely on the 'inherent relationship' test over the defendant's objection violates due process.
• D.L., Jr. v. State
  491 So. 2d 1243· Fla. 2d DCA· 1986-07-25 ·cited 12×
  A juvenile was charged with battery and criminal mischief but acquitted of both charges and instead convicted of disorderly conduct. The appellate court reversed, holding that disorderly conduct was neither a necessarily lesser included offense nor a proper lesser included offens
• Fletcher v. State
  491 So. 2d 354· Fla. 5th DCA· 1986-07-24 ·cited 12×
  Harold Fletcher appeals his conviction for unlawful sale or delivery of cannabis and the costs imposed on him. The court reversed, finding error in the trial court's refusal to instruct the jury on the lesser included offense of delivery without consideration and in the improper
• Rigoberto Montoya v. State
  489 So. 2d 794· Fla. 3d DCA· 1986-05-20 ·cited 12×
  Montoya appeals his convictions for Attempted Second Degree Murder with a Firearm and Unlawful Possession of a Firearm While Engaged in a Criminal Offense. The court affirms his convictions and sentences, finding no merit in his three appellate arguments and granting appointed co
• Hightower v. State
  488 So. 2d 106· Fla. 5th DCA· 1986-04-24 ·cited 12×
  Hightower was indicted for sexual battery of a child under 12 but convicted of the lesser offense of lewd and lascivious conduct, which the trial court improperly instructed to the jury. The Fifth District Court of Appeal reversed, holding that lewd and lascivious conduct was nei
• Thompson v. State
  487 So. 2d 311· Fla. 5th DCA· 1986-02-20 ·cited 12×
  This dissenting opinion argues that the court should further consider the point of law regarding jury instructions on necessarily lesser included offenses, referencing prior case law and the amendment of Florida Rule of Criminal Procedure 3.510(b).
• Miroslav Janus v. State
  477 So. 2d 644· Fla. 2d DCA· 1985-10-09 ·cited 12×
  Miroslav Janus appealed his aggravated assault conviction, raising three issues. The court affirmed on the first two issues but reversed on the third, finding that the trial court erred by failing to instruct the jury on the lesser-included offense of improper exhibition of a fir
• Barnhill v. State
  471 So. 2d 160· Fla. 5th DCA· 1985-06-13 ·cited 12×
  The court held that the defendant's convictions for attempted robbery and aggravated battery do not violate double jeopardy because the acts constituting each crime could be found to be separate.
• United States v. Whitley
  759 F.2d 327· 4th Cir.· 1985-03-29 ·cited 12×
  A defendant resentenced after a successful collateral attack on an initial plea should not receive a harsher sentence unless the judge articulates a reason adequate to justify the increase.
• Isiah Walker v. State
  464 So. 2d 1325· Fla. 5th DCA· 1985-03-14 ·cited 12×
  The court held that lewd and lascivious assault is not a necessarily lesser included offense of sexual battery.
• Mathews v. Marshall
  754 F.2d 158· 6th Cir.· 1985-02-01 ·cited 12×
  The dissenting judge would affirm the denial of habeas relief, finding no federal constitutional violation.
• Tessier v. State
  462 So. 2d 123· Fla. 2d DCA· 1985-01-18 ·cited 12×
  The Florida appellate court reversed Tessier's conviction for simple possession of a controlled substance while affirming his conviction for introducing contraband into a county detention facility, holding that these offenses are not legally separate and therefore constitute doub
• DiPAOLA v. State
  461 So. 2d 284· Fla. 4th DCA· 1985-01-04 ·cited 12×
  The court held that the failure to instruct the jury on the lesser included offense of possession of cocaine, when it was a one-step lesser included offense of trafficking, constituted per se reversible error. The conviction for possession on Count II was affirmed.
• Akins v. State
  462 So. 2d 1161· Fla. 5th DCA· 1984-12-06 ·cited 12×
• Small v. State
  458 So. 2d 1136· Fla. 4th DCA· 1984-09-19 ·cited 12×
• United States v. Salinas-Ceron
  731 F.2d 1375· 9th Cir.· 1984-04-24 ·cited 12×
  A defendant cannot be convicted under both 18 U.S.C. § 1001 and 31 U.S.C. § 5322(a) for the same conduct.
• United States v. Russell
  724 F.2d 725· 8th Cir.· 1984-01-13 ·cited 12×
  The court held that the district court did not abuse its discretion in sentencing the appellant, as the sentences were within statutory limits and imposed in accordance with requirements.
• Solomon v. State
  442 So. 2d 1030· Fla. 1st DCA· 1983-12-12 ·cited 12×
  Albert Solomon was convicted of two counts of improper exhibition of a dangerous weapon after pointing a pistol at his ex-wife and another man during a road incident. The court affirmed one conviction but reversed the second conviction, holding that a single act of exhibition of
• Elbert Roy Smith v. State
  434 So. 2d 18· Fla. 5th DCA· 1983-06-30 ·cited 12×
  The court held that consolidating a firearm possession charge with other unrelated charges was error requiring a new trial, but affirmed the conviction for firearm possession. It also reversed convictions for two burglary charges due to the state's failure to prove the times of t
• United States v. Stearns
  707 F.2d 391· 9th Cir.· 1983-05-31 ·cited 12×
  The Double Jeopardy Clause does not bar felony murder prosecutions if the government could not have proceeded on the greater charge initially due to undiscovered facts despite due diligence, and res judicata/collateral estoppel do not apply to dismissals based on speedy trial vio
• Collins v. A.L. Lockhart
  707 F.2d 341· 8th Cir.· 1983-05-11 ·cited 12×
  The court held that the petitioner's claims lacked merit and the district court's denial of the writ of habeas corpus should be affirmed.
• United States v. Smith
  703 F.2d 627· D.C. Cir.· 1983-03-25 ·cited 12×
  The court held that the district court erred in imposing sentences on both a greater and lesser included offense and in setting a minimum sentence that violated statutory limits.
• Perkins v. The Honorable Volie A. Williams
  424 So. 2d 990· Fla. 5th DCA· 1983-01-12 ·cited 12×
  A defendant acquitted of grand theft seeks prohibition against retrial on a robbery charge arising from the same taking of property. The court holds that the Fifth Amendment double jeopardy clause bars prosecution for the greater offense of robbery after acquittal on the necessar
• Dante Dino, Jr. v. State
  405 So. 2d 213· Fla. 3d DCA· 1981-10-13 ·cited 12×
  Defendant Dino was convicted of first-degree murder for shooting a young boy at his home. Dino challenged his conviction arguing insufficient evidence of premeditation and seeking to suppress his pretrial statement to police. The appellate court affirmed the conviction, finding t
• Spikes v. State
  405 So. 2d 430· Fla. 3d DCA· 1981-09-29 ·cited 12×
  The court held that the defendant's confession was voluntary and the trial court did not err in refusing lesser included offense instructions, but erred in failing to sentence the defendant as a youthful offender.
• Coley v. State
  391 So. 2d 725· Fla. 1st DCA· 1980-12-19 ·cited 12×
  The court held that the statute limiting guilty verdicts to one offense for theft and dealing in stolen property does not apply to armed robbery and dealing in stolen property.
• Hilty v. State
  386 So. 2d 1236· Fla. 2d DCA· 1980-07-16 ·cited 12×
  The court held that the trial court erred in refusing to instruct the jury that the appellant must have had the intent to permanently deprive the owner of the vehicle, and in rejecting a jury instruction on the lesser included offense of unauthorized temporary use.
• Achin v. State
  387 So. 2d 375· Fla. 4th DCA· 1980-06-11 ·cited 12×
  The defendant was convicted of attempted extortion, a crime that does not exist under Florida law. The court affirmed the conviction despite the non-existent offense, holding that when a defendant deliberately invites a legally impossible instruction and fails to object, he canno
• Joiner v. State
  382 So. 2d 1357· Fla. 1st DCA· 1980-05-01 ·cited 12×
  John Joiner was convicted by jury of burglary, grand theft, drug possession, and drug paraphernalia possession. He appealed on multiple grounds including improper introduction of prior criminal evidence, denial of entrapment instruction, sufficiency of drug paraphernalia evidence
• Bradley v. State
  378 So. 2d 870· Fla. 2d DCA· 1979-12-21 ·cited 12×
  Jimmy Bradley was charged with two burglaries and dealing in stolen property. The Florida appellate court reversed his convictions because the trial court improperly admitted evidence of collateral crimes under the Williams Rule, allowing evidence of one burglary during trials fo
• Burton C. Graham v. Smith
  602 F.2d 1078· 2d Cir.· 1979-07-18 ·cited 12×
  The court held that the defendant's conviction for first-degree manslaughter was invalidated by the prior unconstitutional retrial for second-degree murder, due to a reasonable possibility of prejudice.
• Adams v. Murphy
  598 F.2d 982· 5th Cir.· 1979-07-13 ·cited 12×
  The court is certifying a question of Florida law to the Florida Supreme Court because there are no clear controlling precedents.
• Houston v. State
  360 So. 2d 468· Fla. 3d DCA· 1978-07-11 ·cited 12×
  Nathaniel Houston was convicted of robbery and unlawful possession of a firearm. The Florida District Court of Appeal reversed the conviction, holding that the trial court committed reversible error by admitting police mugshots into evidence, which violated the defendant's right
• United States v. Raborn
  575 F.2d 688· 9th Cir.· 1978-01-31 ·cited 12×
  The court held that the Fifth Amendment privilege against self-incrimination must be raised at the time of filing federal income tax returns, not post-filing, and that 18 U.S.C. § 209 is not a lesser included offense of 18 U.S.C. § 201(c).
• United States v. Beverly
  562 F.2d 201· 2d Cir.· 1977-09-19 ·cited 12×
  The court affirmed convictions for federal narcotics law violations, remanding only for vacation of special parole terms conflicting with the Youth Corrections Act.
• Wagster v. Overberg
  560 F.2d 735· 6th Cir.· 1977-08-12 ·cited 12×
  The court held that the prosecutor's failure to disclose a witness's pretrial statement did not violate due process because the defense made only a general request and the statement did not create a reasonable doubt as to guilt.
• Smith v. State
  344 So. 2d 905· Fla. 3d DCA· 1977-03-29 ·cited 12×
  Stephen Smith appeals his conviction for disorderly conduct stemming from threatening statements he made at a gasoline service station. The trial court reduced the original charge from threatening to discharge a destructive device (a felony) to disorderly conduct (a misdemeanor),
• Crapps v. Murchek
  330 So. 2d 173· Fla. 4th DCA· 1976-04-02 ·cited 12×
  Johnnie Mae Crapps was convicted of manslaughter in the stabbing death of Willie Gordon, but evidence supported her self-defense claim. Due to a breakdown in jury communications regarding verdict forms, the jury unanimously agreed on a verdict of 'guilty of justifiable homicide'
• United States v. King
  521 F.2d 356· 6th Cir.· 1975-08-28 ·cited 12×
  The court held that the legislation under which the indictment was brought did not intend to permit a defendant to be punished twice for a single act prosecuted as two separate offenses.
• United States ex rel. James W. Rogers v. LaVALLEE
  517 F.2d 1330· 2d Cir.· 1975-05-15 ·cited 12×
  An acquittal on a lesser included offense, even if erroneous and part of a confused verdict, bars a subsequent prosecution for that offense under the Double Jeopardy Clause.
• Austin v. Louie L. Wainwright
  305 So. 2d 845· Fla. 4th DCA· 1975-01-10 ·cited 12×
  The court held that the jury instructions for larceny of a motor vehicle were fundamentally erroneous because they omitted the essential element of intent to permanently deprive the owner of the property.
• United States v. Dixon
  507 F.2d 683· 8th Cir.· 1974-12-18 ·cited 12×
  The court held that the jury's conviction on the possession count was not prejudiced by a mistrial on the robbery count, and the jury instructions were sufficient.
• Mitchell v. State
  304 So. 2d 466· Fla. 3d DCA· 1974-12-17 ·cited 12×
  Appellant Mitchell was convicted of robbery and appealed, arguing the prosecutor improperly commented on his failure to testify and that the trial court erred in jury instructions regarding penalties for lesser included offenses. The court affirmed the conviction, finding the pro
• United States v. Trujillo
  497 F.2d 408· 10th Cir.· 1974-06-06 ·cited 12×
  The court held that a lesser included offense instruction for simple possession was not warranted because the mental state required for possession and distribution under the relevant statutes is the same.