Lesser Included Offense

3,837 Florida cases classified under this topic, plus 173 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• In re Standard Jury Instructions in Criminal Cases
  543 So. 2d 1205· Fla.· 1989-03-30 ·cited 88×
  The Florida Supreme Court approved proposed amendments to the Standard Jury Instructions in Criminal Cases submitted by the Supreme Court Committee on Standard Jury Instructions (Criminal). The amendments reflect recent legislative changes in Florida criminal law, including revis
• Rotenberry v. State
  468 So. 2d 971· Fla.· 1985-04-25 ·cited 88×
  The Florida Supreme Court held that jury instructions on entrapment are adequate when the standard entrapment instruction is given in combination with the general reasonable doubt instruction, even if the defendant requests a more explicit instruction stating the state must prove
• Meyer Harris Cohen v. United States
  297 F.2d 760· 9th Cir.· 1962-01-12 ·cited 88×
  The court held that the defendant's contentions regarding the admission of testimony, publicity, jury instructions, and the taxability of unlawfully obtained gains were without merit, and affirmed the conviction.
• Mahaun v. State
  377 So. 2d 1158· Fla.· 1979-12-13 ·cited 87×
  The Florida Supreme Court affirmed convictions for third-degree felony murder and aggravated child abuse arising from the death of a child in the appellants' care, but vacated one conviction for each appellant based on double-jeopardy principles when the underlying felony was an
• Martin v. State
  342 So. 2d 501· Fla.· 1977-02-03 ·cited 87×
  In homicide cases, jury instructions should be restricted to degrees of murder, manslaughter, and justifiable/excusable homicide, not lesser offenses like aggravated assault.
• Royal v. State
  490 So. 2d 44· Fla.· 1986-06-26 ·cited 86×
  The Florida Supreme Court held that robbery under Florida law requires force, violence, assault, or putting in fear to occur prior to or contemporaneous with the taking of property, not after the theft is completed. Petitioners who used force while fleeing a store after stealing
• Alpha Otis O'Daniel Stephens v. Zant
  631 F.2d 397· 5th Cir.· 1980-11-26 ·cited 86×
  The court held that the Twiggs County court was divested of jurisdiction by Georgia venue provisions, preventing a double jeopardy claim based on a prior plea in that county.
• United States v. Shell
  633 F.2d 77· 8th Cir.· 1980-09-24 ·cited 86×
• United States v. Johnson
  637 F.2d 1224· 9th Cir.· 1980-08-29 ·cited 85×
  The court held that the trial court committed reversible error by refusing to instruct the jury on lesser included offenses, adopting the 'inherent relationship' test for identifying such offenses.
• Esaw Jones v. State
  192 So. 2d 285· Fla. 3d DCA· 1966-11-29 ·cited 85×
  The court reversed a conviction for attempted breaking and entering a dwelling house with intent to commit petit larceny due to insufficient evidence of the specific intent to commit petit larceny.
• Jimenez v. State
  158 Fla. 719· Fla.· 1947-04-08 ·cited 85×
  Appellants Jimenez and Hernandez were convicted of assault with intent to commit rape (rather than rape itself) for a February 1946 assault on a female victim. The Florida Supreme Court affirmed their convictions, holding that the jury properly had the power to convict of the les
• United States v. Pedroza
  750 F.2d 187· 2d Cir.· 1984-12-11 ·cited 84×
  The court held that the trial court erred in unduly curtailing the defendants' cross-examination of government witnesses regarding the victim's father's alleged consent to the abduction, requiring a new trial.
• Thomas v. State
  326 So. 2d 413· Fla.· 1975-12-03 ·cited 84×
  Frank Douglas Thomas appeals his conviction for crimes including assault, battery, and violating Florida's sodomy statute (Section 800.02). The Florida Supreme Court affirmed, rejecting arguments that prosecutorial remarks denied him a fair trial, that the sodomy statute was unco
• Aniceto Jaimes v. State
  51 So. 3d 445· Fla.· 2010-12-09 ·cited 83×
  Aniceto Jaimes was convicted of aggravated battery by causing great bodily harm, but the information charged him only with aggravated battery by use of a deadly weapon. The Florida Supreme Court held that this conviction of an uncharged offense violated due process and constitute
• State v. Sigler
  967 So. 2d 835· Fla.· 2007-10-11 ·cited 83×
  The Florida Supreme Court held that Florida Statute section 924.34, which permits appellate courts to direct entry of judgment for lesser-included offenses, is unconstitutional as applied when the jury verdict did not necessarily include findings on all elements of the lesser off
• In re the USE BY the Trial Courts OF the Standard Jury Instructions IN Crim. Cases
  431 So. 2d 599· Fla.· 1981-06-05 ·cited 83×
  The Florida Supreme Court postponed the effective date of its newly adopted schedule of lesser included offenses in criminal jury instructions from July 1, 1981 to October 1, 1981 to allow time for rule amendments and public comment.
• State v. Terry
  336 So. 2d 65· Fla.· 1976-02-25 ·cited 82×
  The Florida Supreme Court held that a trial court must instruct a jury on necessarily included lesser offenses when sufficient evidence exists to support the greater offense, even if the judge believes the evidence proves the greater crime. The court clarified the framework for w
• United States v. Umans
  368 F.2d 725· 2d Cir.· 1966-10-27 ·cited 82×
  The court held that while the omission of jury instructions regarding the criminal intent of IRS agents was an error, it was not prejudicial given the agents' guilty pleas and testimony. The court also vacated convictions under 18 U.S.C. § 201(f) as a lesser included offense.
• McCoy v. State
  40 Fla. 494· Fla.· 1898-06-01 ·cited 82×
  McCoy and Thomas were convicted of murder in the third degree for the killing of Tuck George. The Florida Supreme Court affirmed the conviction, holding that although the evidence supported a conviction for at least murder in the second degree, the jury's verdict for the lesser d
• I.T. v. State
  694 So. 2d 720· Fla.· 1997-05-08 ·cited 81×
  The Florida Supreme Court resolved a conflict between district courts regarding whether appellate courts can direct entry of judgments for permissive lesser-included offenses in juvenile delinquency cases. The Court held that section 924.34 applies to juvenile proceedings and enc
• Young v. Zant
  677 F.2d 792· 11th Cir.· 1982-05-14 ·cited 81×
  The court held that the petitioner's trial counsel's profound ignorance of Georgia's bifurcated death penalty trial procedure and failure to recognize obvious defenses constituted ineffective assistance of counsel, violating the Sixth Amendment.
• United States v. Whitaker
  447 F.2d 314· D.C. Cir.· 1971-05-26 ·cited 81×
  The court held that the trial court erred in refusing to instruct the jury on unlawful entry as a lesser included offense of first-degree burglary when the evidence supported such a charge.
• State v. Sykes
  434 So. 2d 325· Fla.· 1983-07-07 ·cited 80×
  Florida Supreme Court held that there is no separate crime of attempted second-degree grand theft in Florida because the grand theft statute itself includes the word "endeavors," meaning attempt is an element of the completed crime, not a lesser included offense. The court revers
• United States v. Zvonko Busic
  592 F.2d 13· 2d Cir.· 1978-10-30 ·cited 80×
  The court held that judicial interruptions during defense counsel's summations, while sometimes regrettable, did not constitute reversible error or deny appellants effective assistance of counsel or a fair trial.
• Dobbert v. State
  328 So. 2d 433· Fla.· 1976-01-14 ·cited 80×
  Ernest John Dobbert Jr. was convicted of first-degree murder of his 9-year-old daughter, second-degree murder of his 7-year-old son, child torture, and child abuse. The Florida Supreme Court affirmed the death sentence imposed by the trial court, finding no reversible error despi
• State v. Espinosa
  686 So. 2d 1345· Fla.· 1996-12-26 ·cited 79×
  The Florida Supreme Court held that resisting arrest without violence is a permissive lesser-included offense of resisting arrest with violence, and established that a defendant who requests such an instruction waives the right to challenge sufficiency of evidence on the lesser o
• United States v. Nixon
  918 F.2d 895· 11th Cir.· 1990-12-07 ·cited 78×
  The court affirmed convictions and sentences for most defendants, but vacated and remanded for resentencing for some, finding no error in wiretap evidence, transcript use, or most evidentiary rulings, but remanding for resentencing consistent with guidelines.
• United States v. Williams
  876 F.2d 1521· 11th Cir.· 1989-07-12 ·cited 78×
  The court held that the initial stop of the appellants' automobile was supported by reasonable suspicion and that the sentencing statute for crack cocaine offenses was not unconstitutionally vague.
• United States v. Garrett
  727 F.2d 1003· 11th Cir.· 1984-03-02 ·cited 78×
  The court held that the disqualification of retained counsel was permissible under the Sixth Amendment, double jeopardy did not bar prosecution for continuing criminal enterprise after a conviction for a predicate offense, and the restriction of cross-examination was proper. Howe
• Linehan v. State
  442 So. 2d 244· Fla. 2d DCA· 1983-11-09 ·cited 78×
  Mitchell Linehan was convicted of arson and first-degree felony murder for setting a fire in his girlfriend's apartment building that killed one person. On appeal, the court addressed three novel questions: whether voluntary intoxication is a defense to arson, whether it is a def
• Anderson v. State
  574 So. 2d 87· Fla.· 1991-01-03 ·cited 77×
  Richard Harold Anderson was convicted of first-degree murder in the 1987 killing of Robert Grantham and sentenced to death. The Florida Supreme Court affirmed the conviction and death sentence, rejecting Anderson's claims regarding perjured grand jury testimony, hearsay evidence,
• Jimenez v. State
  703 So. 2d 437· Fla.· 1997-10-30 ·cited 76×
  Jose Antonio Jimenez was convicted of first-degree murder and burglary of an occupied dwelling with assault and battery for beating and stabbing to death 63-year-old Phyllis Minas in her home on October 2, 1992. The Florida Supreme Court affirmed his conviction and death sentence
• White v. State
  446 So. 2d 1031· Fla.· 1984-01-19 ·cited 76×
  Jerry White was convicted of first-degree murder and armed robbery in connection with a grocery store shooting that killed one person and severely injured another. The Florida Supreme Court affirmed his conviction and death sentence after reviewing multiple trial and sentencing p
• United States v. Lurz
  666 F.2d 69· 4th Cir.· 1981-12-10 ·cited 76×
  The court held that separate conspiracies existed, allowing prosecution for both, and that evidence of a prior conviction could be used to prove elements of a continuing criminal enterprise other than the predicate felony. Convictions for the lesser included offense of conspiracy
• United States v. Espinosa
  827 F.2d 604· 9th Cir.· 1987-09-09 ·cited 75×
  The court held that the initial detention and subsequent arrest were based on reasonable suspicion and not a pretext for a search, and that the search warrant was sufficiently particular and supported by probable cause. Expert testimony was properly admitted.
• United States v. Erwin
  793 F.2d 656· 5th Cir.· 1986-07-03 ·cited 75×
  The court held that the trial court erred in refusing to instruct the jury on the theory of multiple conspiracies, as the evidence supported such a theory for Don Erwin and a separate cocaine conspiracy. The court also found that Grace Davis suffered compelling prejudice from a j
• United States v. Stone
  472 F.2d 909· 5th Cir.· 1973-03-26 ·cited 75×
  The court affirmed the conviction, holding that the trial court did not err in its rulings on competency, confession admissibility, evidence admission, jury instructions, or judicial conduct, and that any errors regarding lesser included offenses were harmless due to concurrent s
• United States v. Newman
  468 F.2d 791· 5th Cir.· 1972-10-26 ·cited 75×
• Daniels v. State
  121 So. 3d 409· Fla.· 2013-06-06 ·cited 74×
  The Florida Supreme Court resolved a certified conflict between district courts regarding whether the 2008 standard jury instruction for manslaughter by act erroneously required proof of intent to kill. The Court held that the instruction suffered from the same infirmity identifi
• Baker v. State
  425 So. 2d 36· Fla. 5th DCA· 1982-12-08 ·cited 74×
  Charles Baker was convicted of first-degree murder and use of a firearm in the commission of a felony in a single trial. On appeal, Baker challenged whether he could be convicted and sentenced for both offenses, arguing the firearm charge was a lesser included offense that should
• United States v. Garland Jeffers
  532 F.2d 1101· 7th Cir.· 1976-03-30 ·cited 74×
  A prior conviction for conspiracy to distribute narcotics does not bar a subsequent prosecution for engaging in a continuing criminal enterprise under 21 U.S.C. § 848 on double jeopardy grounds, as they are not the "same offense."
• United States v. Barash
  412 F.2d 26· 2d Cir.· 1969-04-09 ·cited 74×
  The court assumes prior precedent binds it regarding aiding and abetting convictions for making payments to internal revenue agents.
• State v. G.C.
  572 So. 2d 1380· Fla.· 1991-01-03 ·cited 73×
  The Florida Supreme Court held that mere presence as an after-acquired passenger in a stolen vehicle, even with knowledge that it was stolen, is insufficient to constitute theft under Florida's omnibus theft statute. The court rejected the broad interpretation adopted by the Firs
• Squires v. State
  450 So. 2d 208· Fla.· 1984-03-15 ·cited 73×
  William Squires was convicted of first-degree murder, robbery, and kidnapping in the 1980 death of Jesse Albritton and sentenced to death. The Florida Supreme Court affirmed his conviction and death sentence, rejecting seven appellate challenges including claims of improper chara
• State v. von Deck
  607 So. 2d 1388· Fla.· 1992-11-05 ·cited 72×·via Permissive Lesser Included Offense
  The Florida Supreme Court approved a reversal of a conviction for aggravated assault where the charging information failed to allege the essential element of 'putting in fear,' holding that the State must expressly allege this element when seeking a lesser included offense instru
• Budd v. State
  477 So. 2d 52· Fla. 2d DCA· 1985-10-23 ·cited 72×
  Jerry Budd appeals his conviction for misdemeanor battery, a lesser included offense of sexual battery. The Florida appellate court affirmed the conviction, rejecting multiple challenges to the charging process, jury instructions, and sufficiency of evidence.
• State v. Bryan
  290 So. 2d 482· Fla.· 1974-02-20 ·cited 72×
  The court held that giving a modified Allen charge and allowing additional deliberation time was not error, and any potential error was harmless.
• United States v. Hilton Benn, Jr.
  476 F.2d 1127· D.C. Cir.· 1972-12-01 ·cited 72×
  The court held that defense counsel's decision not to call the examining physician was a calculated tactical judgment, not ineffective assistance of counsel, and affirmed convictions except for one under 22 D.C. Code § 502.
• Will Williams v. State
  41 Fla. 295· Fla.· 1899-01-01 ·cited 72×
  Will Williams was convicted of assault with intent to commit manslaughter after being indicted for assault with intent to murder. The Florida Supreme Court affirmed, holding that an indictment for assault with intent to commit murder supports a conviction for assault with intent
• Viveros v. State
  699 So. 2d 822· Fla. 4th DCA· 1997-10-01 ·cited 71×·via Permissive Lesser Included Offense
  Viveros appealed his convictions for armed burglary with a firearm, aggravated assault with a firearm, and shooting into an occupied building arising from a shooting incident at an apartment complex clubhouse. The Fourth District Court of Appeal reversed the armed burglary convic