Lesser Included Offense

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

• United States v. Kearney
  498 F.2d 61· D.C. Cir.· 1974-05-17 ·cited 12×
  The court held that consent to enter a dwelling is not a defense to first-degree burglary under D.C. Code § 22-1801(a) if the entry is made with the intent to commit a criminal offense, and that the evidence was sufficient to prove such intent.
• McCLAM v. State
  288 So. 2d 285· Fla. 4th DCA· 1974-01-18 ·cited 12×
• Stephens v. State
  279 So. 2d 331· Fla. 2d DCA· 1973-06-08 ·cited 12×
  Jimmy Stephens appeals his conviction for armed robbery, challenging the trial court's refusal to give jury instructions on assault as a lesser included offense. The appellate court affirmed the conviction, finding that while an instruction on simple assault should have been give
• Lewis v. State
  269 So. 2d 692· Fla. 4th DCA· 1972-11-30 ·cited 12×
• Kilpatrick v. State
  262 So. 2d 472· Fla. 3d DCA· 1972-05-23 ·cited 12×
  Gerald Kilpatrick was convicted of assault with intent to commit murder in the second degree after a mistrial granted when jurors indicated they would have acquitted him on all counts had they considered self-defense. The appellate court reversed, holding that while retrial was p
• United States v. Medley
  452 F.2d 1325· D.C. Cir.· 1971-11-29 ·cited 12×
  The court held that the evidence was insufficient to support a conviction for rape, but sufficient for a conviction of simple assault, and that the delay in prosecution did not prejudice the defendant.
• Varnice Franklin Anderson v. State
  235 So. 2d 738· Fla. 1st DCA· 1970-05-19 ·cited 12×
  Florida appellate court affirmed murder conviction and held that aggravated assault is not a lesser-included offense of murder in the second degree.
• Biesendorfer v. State
  227 So. 2d 322· Fla. 4th DCA· 1969-10-29 ·cited 12×
  Donald Biesendorfer was convicted of receiving stolen property valued under $100. The Florida appellate court reversed and remanded because the judgment was defective, omitting material elements of the offense as charged in the information, and remanded for entry of a proper judg
• Wright v. State
  223 So. 2d 112· Fla. 3d DCA· 1969-05-27 ·cited 12×
  Thomas James Wright was convicted by jury of rape of a female child under ten years old and sentenced to life imprisonment. On appeal, he challenged procedural errors regarding jury separation and the denial of lesser-included offense instructions, and argued for a new trial base
• Carlton v. United States
  395 F.2d 10· 9th Cir.· 1968-05-22 ·cited 12×
  The court held that the trial judge's inquiries, comments, and instructions to the jury were not improper or prejudicial, and the jury was properly instructed.
• Broughman v. United States
  361 F.2d 71· D.C. Cir.· 1966-05-02 ·cited 12×
  The court held that the jury could have believed part of a witness's testimony while disbelieving other parts, allowing for a conviction on a lesser included offense.
• Lowther v. Maxwell
  347 F.2d 941· 6th Cir.· 1965-07-02 ·cited 12×
  The court held that habeas corpus is not available to challenge a sentence when the petitioner is lawfully in custody under a valid sentence for a greater offense.
• Isaac v. State
  134 So. 2d 38· Fla. 2d DCA· 1961-11-03 ·cited 12×
  Isaac was convicted of breaking and entering a storehouse with intent to commit a misdemeanor (petit larceny), having been charged with the felony version. He appealed arguing insufficient evidence of breaking. The appellate court affirmed, holding that breaking and entering with
• Natividad Salinas v. United States
  277 F.2d 914· 9th Cir.· 1960-05-02 ·cited 12×
  The court held that an indictment for arson in the first degree, which involves burning a dwelling house, necessarily includes the charge of arson in the second degree, as a dwelling house is a type of building or structure.
• LEE v. United States
  238 F.2d 341· 9th Cir.· 1956-10-24 ·cited 12×
  The court held that the appeal from the order regarding costs was invalid because the order had no effect and was not reviewable on the timely appeal from the judgment. The court also found no merit in the other specifications of error.
• Nelson v. State
  83 So. 2d 687· Fla.· 1955-12-02 ·cited 12×
  Nelson was charged with felonies related to promoting a lottery by possessing and selling lottery tickets but was convicted of the lesser included misdemeanors. The Florida Supreme Court held that felony lottery offenses can encompass lesser misdemeanor conduct as included offens
• Smith v. United States
  211 F.2d 957· 6th Cir.· 1954-04-20 ·cited 12×
  The court held that the theft of two letters on the same day constituted a single offense, not two separate offenses.
• Kelly v. State
  78 Fla. 636· Fla.· 1919-12-17 ·cited 12×
  M.P. Kelly was indicted for assault with intent to commit murder in the first degree but convicted of assault with intent to commit manslaughter. The Florida Supreme Court affirmed the conviction, holding that the evidence was legally sufficient to support a finding of the lesser
• Fravel v. State
  188 So. 3d 969· Fla. 4th DCA· 2016-04-13 ·cited 11×
  John Patrick Fravel appealed his convictions for two counts of fraudulent use of personal identification information and one count of grand theft. The Fourth District Court of Appeal affirmed all convictions, holding that the two counts did not violate double jeopardy because the
• Jacquaile Hill v. State
  124 So. 3d 296· Fla. 2d DCA· 2013-09-20 ·cited 11×
  Jacquaile Hill appeals his conviction for attempted second-degree murder, arguing the trial court committed fundamental error by giving an erroneous jury instruction on the lesser-included offense of attempted manslaughter by act. The court reversed and remanded for a new trial,
• Green v. State
  120 So. 3d 1276· Fla. 1st DCA· 2013-09-18 ·cited 11×
  Dual convictions for burglary with an assault while armed with a firearm and aggravated assault with a firearm violate double jeopardy principles, requiring vacation of the lesser offense.
• Rimondi v. State
  89 So. 3d 1059· Fla. 4th DCA· 2012-06-06 ·cited 11×
  Michelle Rimondi was convicted of both third-degree grand theft and felony retail theft in concert with others arising from a single Walmart shoplifting incident. The Florida Fourth District Court of Appeal reversed her grand theft conviction, holding that dual convictions violat
• Carter v. State
  77 So. 3d 849· Fla. 2d DCA· 2012-01-18 ·cited 11×
  Anthony Carter was convicted of burglary of a dwelling and grand theft. The court affirmed the burglary conviction but reversed the grand theft conviction because the State failed to present sufficient evidence of the stolen TV's value, and remanded for reduction to petit theft a
• Henry v. State
  64 So. 3d 181· Fla. 2d DCA· 2011-06-29 ·cited 11×
  Dual convictions for scheme to defraud and grand theft based on the same conduct violate double jeopardy principles, requiring the lesser offense conviction to be vacated.
• Rodriguez v. State
  27 So. 3d 753· Fla. 3d DCA· 2010-02-10 ·cited 11×
  Jesus Rodriguez was convicted of first-degree murder, kidnapping, burglary, and aggravated stalking in the death of his wife Isabel, whose body was never found. On appeal, Rodriguez challenged the prosecutor's closing argument as improperly shifting the burden of proof, but the c
• Raines v. State
  19 So. 3d 331· Fla. 2d DCA· 2009-02-27 ·cited 11×
  Convictions for both organized fraud and grand theft arising from the same conduct violate double jeopardy principles, requiring the lesser offense conviction to be vacated.
• Newman v. State
  976 So. 2d 76· Fla. 4th DCA· 2008-02-20 ·cited 11×
  Larry Ray Newman appeals his conviction for drug offenses and resisting an officer, claiming fundamental error in jury instructions. The Fourth District Court of Appeal affirms, finding that while the trial court made several minor mistatements in instructing the jury, these erro
• Stuckey v. State
  972 So. 2d 918· Fla. 5th DCA· 2007-12-07 ·cited 11×
  Stephan Stuckey appeals his robbery conviction, challenging the trial court's instruction that the jury could convict him of only one lesser included offense. The Florida Fifth District Court of Appeal holds that because robbery, like compound offenses, has two core components (t
• Pallin v. State
  965 So. 2d 1226· Fla. 1st DCA· 2007-09-28 ·cited 11×
  Appellant was convicted of conspiracy to traffic in cocaine based on purchases of small quantities over 11 months. The court reversed the trafficking conspiracy conviction because no evidence showed agreement to traffic more than 28 grams, but affirmed a lesser-included convictio
• Dante Wright v. State
  983 So. 2d 6· Fla. 1st DCA· 2007-05-31 ·cited 11×
  Dante Wright was convicted of grand theft auto after being found not guilty of burglary. He appealed, arguing the trial court abused its discretion by refusing to instruct the jury on trespass in a conveyance as a lesser included offense. The appellate court affirmed, holding tha
• Reaves v. State
  942 So. 2d 874· Fla.· 2006-09-14 ·cited 11×
  William Reaves, a death row inmate, appealed the denial of his Rule 3.851 motion for post-conviction relief, arguing that his trial counsel was ineffective for failing to present a voluntary intoxication defense and for failing to pursue live testimony and forensic testing at the
• Bryant v. State
  932 So. 2d 408· Fla. 2d DCA· 2006-04-21 ·cited 11×
  Larry Wayne Bryant was convicted of battery on a person 65 years or older, but the trial court failed to instruct the jury on the lesser-included offense of simple battery despite defense counsel's request. The appellate court reversed the conviction, holding that failure to inst
• Conray Aiken v. State
  742 So. 2d 811· Fla. 2d DCA· 1999-08-06 ·cited 11×
  The court held that the Double Jeopardy Clause does not prohibit convictions for both aggravated assault with a firearm and sexual battery with a firearm arising from the same incident, as aggravated assault is a permissive lesser included offense, not a necessarily included one
• Epps v. State
  728 So. 2d 761· Fla. 2d DCA· 1999-02-10 ·cited 11×
  Richard Epps appealed his convictions for robbery and resisting arrest without violence. The court reversed his robbery conviction, holding that the trial court erred by refusing to instruct the jury on the lesser included offense of resisting a merchant, and affirmed his convict
• Legette v. State
  718 So. 2d 878· Fla. 4th DCA· 1998-09-09 ·cited 11×
  Robert Legette was convicted of manslaughter after a jury trial for shooting Donald Stack in the head. The appellate court affirmed the conviction while addressing the prosecutor's improper disclosure that battery was a misdemeanor during closing argument, finding the error non-p
• Lewellen v. State
  682 So. 2d 186· Fla. 2d DCA· 1996-10-09 ·cited 11×
  The court held that it was fundamental error to classify a petit theft conviction as a first-degree misdemeanor without proper notice in the charging document, and that a $200 court cost was excessive for a misdemeanor conviction.
• Werhan v. State
  673 So. 2d 550· Fla. 1st DCA· 1996-05-20 ·cited 11×
  Dale Ray Werhan was convicted of manslaughter by culpable negligence and vehicular homicide for a fatal accident on Interstate 10 caused by his disabled pickup truck blocking a traffic lane while he was intoxicated. The appellate court affirmed the manslaughter conviction but vac
• Louisy v. State
  667 So. 2d 972· Fla. 4th DCA· 1996-02-14 ·cited 11×
  Bernard Louisy appeals his convictions for sex crimes involving a child. The Florida appellate court reversed his convictions because the trial court abused its discretion in denying his request to reopen his case to present crucial testimony that could have provided an alternati
• Meeks v. State
  667 So. 2d 1002· Fla. 3d DCA· 1996-02-14 ·cited 11×
  Vincent Meeks appealed his conviction for first degree murder and two counts of attempted first degree murder. The Florida District Court of Appeal affirmed the murder conviction but reversed and remanded the attempted murder convictions because the jury verdict form failed to sp
• Nesworthy v. State
  648 So. 2d 259· Fla. 5th DCA· 1994-12-30 ·cited 11×
  Debra Nesworthy appealed her felony DUI conviction, arguing that the state violated speedy trial rules by filing a felony charge after a misdemeanor DUI charge was nolle prossed. The court affirmed, holding that expiration of speedy trial on a lesser misdemeanor does not bar pros
• Young v. State
  641 So. 2d 401· Fla.· 1994-08-18 ·cited 11×
  The State must allege the elements of felony petit theft in the charging document to seek a sentence under that statute.
• Carruthers v. State
  636 So. 2d 853· Fla. 1st DCA· 1994-05-09 ·cited 11×
  Carruthers was convicted of selling counterfeit controlled substances under Florida Statute § 817.563 based on an undercover drug operation where he delivered a substance but money never fully changed hands. The First District Court of Appeal reversed, holding that the trial cour
• Onelio G. Garcia, Jr. v. State
  594 So. 2d 806· Fla. 1st DCA· 1992-02-07 ·cited 11×
  Garcia appealed his convictions for kidnapping, armed burglary with assault, armed robbery, and aggravated battery, as well as his sentence as a habitual violent felony offender. The court affirmed all convictions and the sentence, rejecting Garcia's arguments regarding insuffici
• Shearer v. State
  582 So. 2d 28· Fla. 5th DCA· 1991-06-06 ·cited 11×
  Court reversed conviction for petit theft where theft and fencing arose from same course of conduct, but affirmed imposition of statutorily mandated costs without requiring individual notice and hearing.
• Zennie Lee Harris v. State
  570 So. 2d 397· Fla. 3d DCA· 1990-11-20 ·cited 11×
  The court held that the trial court erred by refusing to instruct the jury on culpable negligence, entitling the defendant to a new trial. The court also addressed prosecutorial misconduct and evidentiary rulings.
• Jones v. Dugger
  888 F.2d 1340· 11th Cir.· 1989-11-22 ·cited 11×
  The court held that the admission of the child victim's out-of-court statements did not violate the defendant's Sixth Amendment right to confrontation because the child testified at trial and was available for cross-examination. The court also held that the defendant's due proces
• Leverett v. Spears
  877 F.2d 921· 11th Cir.· 1989-07-19 ·cited 11×
  The court affirmed the dismissal of the habeas corpus petition, finding no constitutional error in the jury instructions, hearsay admission, or character evidence presented at trial.
• Redman v. Dugger
  866 F.2d 387· 11th Cir.· 1989-02-21 ·cited 11×
  The court affirmed the denial of the habeas corpus petition, finding no constitutional violations on the merits, despite disagreeing with the procedural bar finding on one claim.
• Arnold v. State
  514 So. 2d 419· Fla. 2d DCA· 1987-10-30 ·cited 11×
  The appellate court affirmed convictions for aggravated battery, attempted sexual battery, and attempted kidnapping, but reversed the conviction for battery, finding it to be a lesser included offense of aggravated battery and thus subject to double jeopardy protections.
• Green v. State
  496 So. 2d 256· Fla. 5th DCA· 1986-10-30 ·cited 11×
  Edward Green appeals his convictions for three armed robberies, attempted armed robbery, kidnapping, attempted kidnapping, and grand theft auto arising from an armed robbery of an office building. The Florida Fifth District Court of Appeal affirmed his convictions and sentences,