Lesser Included Offense

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

• United States v. Lynch
  800 F.2d 765· 8th Cir.· 1986-09-10 ·cited 11×
  The court held that the district court did not err in denying severance motions, refusing a manslaughter instruction, admitting certain statements, limiting cross-examination, or in finding the evidence sufficient to support the convictions.
• Rembert v. State
  476 So. 2d 721· Fla. 1st DCA· 1985-09-18 ·cited 11×
  Rembert appealed his first-degree murder conviction, challenging the trial court's refusal to honor an attorney-signed waiver of the statute of limitations for lesser-included offenses. The court affirmed the refusal, holding that a valid waiver requires the defendant personally
• United States v. Haley
  743 F.2d 862· 11th Cir.· 1984-10-09 ·cited 11×
  The court held that the warrantless search of Haley's airplane was a valid border search because the facts known to Customs agents prior to the search reasonably supported an inference that there was a substantial likelihood the airplane originated from a foreign location.
• United States v. Franks
  723 F.2d 1482· 10th Cir.· 1983-12-27 ·cited 11×
  The court held that the defendants' convictions under 26 U.S.C. § 7206(1) for failing to report foreign bank accounts were not duplicative of their convictions under 26 U.S.C. § 7201 for tax evasion, and that the special condition of probation requiring restitution was improper a
• Fletcher v. State
  428 So. 2d 667· Fla. 1st DCA· 1982-08-31 ·cited 11×
  Mike Fletcher was convicted of possession with intent to sell cannabis and sale of cannabis. The Florida District Court of Appeal affirmed the convictions but reversed the sentence, holding that Florida law prohibits multiple sentences for violations of the same criminal statute
• White v. State
  412 So. 2d 28· Fla. 2d DCA· 1982-04-02 ·cited 11×
  Terry Wilburn White was convicted of first-degree burglary and sexual battery with consecutive 15-year sentences. He appealed arguing that sexual battery was a lesser included offense of burglary, relying on McRae v. State, but the court affirmed, distinguishing McRae based on ho
• Evans v. State
  409 So. 2d 1078· Fla. 4th DCA· 1981-12-30 ·cited 11×
  William Scott Evans appeals the revocation of his probation based on findings of grand larceny and aiding and abetting, which he argues are not lesser included offenses to the alleged burglary charges. The court affirms, holding that although the findings technically do not const
• Teague v. State
  390 So. 2d 405· Fla. 5th DCA· 1980-11-05 ·cited 11×
  Debra Teague was convicted of manslaughter (a lesser included offense of second-degree murder) after shooting Sam Hill in her motel room. She appeals, contesting the sufficiency of evidence and the admissibility of testimony regarding her engagement in prostitution.
• United States v. Holmes
  632 F.2d 167· 1st Cir.· 1980-10-21 ·cited 11×
  The court held that the defendant's statements were voluntary, the indictment was sufficient, photographs were properly admitted, and jury instructions were adequate.
• Holloway v. State
  362 So. 2d 333· Fla. 3d DCA· 1978-08-08 ·cited 11×
  A trial court is not required to instruct the jury on lesser included offenses if the statute of limitations has run on those offenses.
• Kowalski v. Parratt
  533 F.2d 1071· 8th Cir.· 1976-04-15 ·cited 11×
  The court held that the Double Jeopardy Clause does not preclude convicting and sentencing a defendant for both robbery and using a firearm in the commission of that robbery, as the statutes define distinct offenses with different elements.
• Evanco v. State
  318 So. 2d 535· Fla. 1st DCA· 1975-08-27 ·cited 11×
  The appellate court reversed the conviction of trespass after warning, holding that this offense is not a lesser included offense of breaking and entering with intent to commit petty larceny. As a result, the court also reversed the probation revocation that was based solely on t
• Thornton v. State
  306 So. 2d 205· Fla. 1st DCA· 1975-01-03 ·cited 11×
  Jerry and Junior Thornton were convicted of possession and delivery of dangerous drugs. The court affirmed Jerry's conviction but reversed Junior's conviction, finding the evidence legally insufficient to support a conviction for his minimal participation in a drug transaction.
• Ex parte: Harvey Wilson
  153 Fla. 459· Fla.· 1943-07-30 ·cited 11×
  Harvey Wilson petitioned for habeas corpus challenging his conviction for armed robbery. The Florida Supreme Court held that the jury verdict was defective because it found him guilty of armed robbery with no intent to kill or maim, a legal impossibility under Florida law, and th
• Zelaya v. State
  257 So. 3d 493· Fla. 4th DCA· 2018-10-17 ·cited 10×
  A jury verdict is legally inconsistent and subject to reversal when the jury acquits a defendant of possessing a firearm or deadly weapon on one count by convicting on a lesser-included offense, yet simultaneously convicts on another count that requires use of a deadly weapon as
• McCloud v. State
  249 So. 3d 739· Fla. 1st DCA· 2018-06-08 ·cited 10×
  A trial court does not err in revoking probation based on conviction of a necessarily lesser-included offense of the crime listed in the violation of probation affidavit, as the probationer has sufficient notice of the basic facts and nature of the alleged violation.
• Kendrick C. Silver v. State
  149 So. 3d 54· Fla. 4th DCA· 2014-07-16 ·cited 10×
  Kendrick Silver was convicted of three counts of attempted second-degree murder and two misdemeanors following an armed robbery of a pizza restaurant that resulted in shootings. On appeal, Silver challenged the trial court's failure to instruct the jury on attempted voluntary man
• Tuttle v. State
  137 So. 3d 393· Fla. 2d DCA· 2014-02-07 ·cited 10×
  Timothy Tuttle appealed his convictions for manslaughter with a firearm and armed burglary arising from a home invasion that resulted in a death. The court affirmed the manslaughter conviction but vacated the armed burglary conviction and remanded for resentencing because burglar
• State v. Tovar
  110 So. 3d 33· Fla. 2d DCA· 2013-03-06 ·cited 10×
  The State appeals a trial court's grant of a motion for judgment of acquittal that reduced a jury's guilty verdict for felony battery to misdemeanor battery. The appellate court reverses, holding that the State presented sufficient evidence of principal liability that should have
• Deangelo S. Horn v. State
  120 So. 3d 1· Fla. 1st DCA· 2012-09-19 ·cited 10×
  The court held that the trial court erred in refusing to instruct the jury on unnatural and lascivious act as a permissive lesser-included offense of lewd or lascivious molestation. However, separate convictions for sexual battery and attempted lewd or lascivious molestation do n
• Williams v. State
  50 So. 3d 1207· Fla. 1st DCA· 2010-12-28 ·cited 10×
  Williams appeals his convictions for second-degree murder and aggravated battery. The court affirmed the aggravated battery conviction but reversed the second-degree murder conviction because the trial court's jury instruction on manslaughter improperly suggested an intent to kil
• Young v. State
  43 So. 3d 876· Fla. 5th DCA· 2010-09-03 ·cited 10×
  Double jeopardy principles preclude conviction for both burglary with a battery and simple battery when the jury verdict form is ambiguous.
• Wright v. State
  41 So. 3d 924· Fla. 1st DCA· 2010-07-13 ·cited 10×
  The court held that a late amendment to a charging information to add the element of 'deadly weapon' prejudiced the defendant and required reversal.
• Bordes v. State
  34 So. 3d 215· Fla. 4th DCA· 2010-05-12 ·cited 10×
  Karim Bordes was convicted of burglary of a dwelling, but the Florida Fourth District Court of Appeal reversed because the trial court erred in refusing to give a jury instruction on the lesser-included offense of trespass. The court found that both statutory and evidentiary requ
• Basil Burford v. State
  8 So. 3d 478· Fla. 4th DCA· 2009-04-29 ·cited 10×
  Burford appeals his convictions for manslaughter by culpable negligence, vehicular homicide, and fleeing a law enforcement officer. The court affirms the manslaughter and fleeing convictions but vacates the vehicular homicide conviction due to double jeopardy concerns, as vehicul
• Adel'b Schulterbrandt v. State
  984 So. 2d 542· Fla. 2d DCA· 2008-04-23 ·cited 10×
  The court held that convicting and sentencing the defendant for two counts of attempted home-invasion robbery arising from a single incident, and for both armed burglary and attempted armed home-invasion robbery, violates double jeopardy principles.
• Eli Enrique Valdes v. State
  970 So. 2d 414· Fla. 3d DCA· 2007-11-14 ·cited 10×
  Eli Enrique Valdes appeals his convictions for three counts of attempted second-degree murder, discharging a firearm from a vehicle, and shooting into an occupied vehicle. The Third District affirms the convictions and double jeopardy claims but remands for correction of sentenci
• Lou Joseph v. State
  965 So. 2d 357· Fla. 4th DCA· 2007-09-26 ·cited 10×
  Lou Joseph appeals the summary denial of his rule 3.850 postconviction motion alleging ineffective assistance of counsel. The court affirmed, holding that counsel was not ineffective for failing to challenge the burglary conviction based on the jury's acquittal of the shooting ch
• Delrio Laviel Allen v. State
  939 So. 2d 273· Fla. 4th DCA· 2006-10-18 ·cited 10×
  Allen was convicted of burglary and petit theft after a jury trial. On appeal, Allen argued that the trial judge committed fundamental error by mistakenly substituting the word 'trespass' for 'burglary' in oral jury instructions, but the court affirmed, finding no fundamental err
• Michelson v. State
  927 So. 2d 890· Fla. 4th DCA· 2005-05-04 ·cited 10×
  Christopher Michelson appeals his third-degree felony murder conviction, arguing that the appellate court violated his Sixth Amendment jury trial right by remanding for a conviction of third-degree felony murder when the jury never found the essential element of an underlying fel
• Adams v. State
  901 So. 2d 275· Fla. 5th DCA· 2005-04-29 ·cited 10×
  Kenneth Adams appeals a summary denial of his motion to correct an illegal sentence for attempted sexual battery on a child. The trial court imposed 30 years incarceration plus 10 years probation (40 years total), exceeding the 30-year statutory maximum for his offense. The court
• James v. State
  881 So. 2d 85· Fla. 5th DCA· 2004-08-20 ·cited 10×
  Curtis James appeals the summary denial of his Rule 3.850 ineffective assistance of counsel motion. The court affirms the denial of most grounds but reverses as to ground five concerning counsel's failure to request a jury instruction for a lesser included offense, finding the is
• Ford v. State
  849 So. 2d 477· Fla. 4th DCA· 2003-07-16 ·cited 10×
  Jon Ford pleaded nolo contendere to five counts of theft, including grand theft of a motor vehicle and grand theft of construction equipment found inside that vehicle. The court reversed his conviction for grand theft of the construction equipment, finding it violated double jeop
• Rogers v. State
  844 So. 2d 728· Fla. 5th DCA· 2003-05-09 ·cited 10×
  Justin Rogers was convicted of first-degree murder and sentenced to life imprisonment. On appeal, he challenged the trial court's erroneous decision to allow the State to reopen its case mid-trial and introduce a previously suppressed confession in response to defense counsel's c
• Hankerson v. State
  831 So. 2d 235· Fla. 1st DCA· 2002-10-30 ·cited 10×
  The court held that the trial court erred in instructing the jury on aggravated manslaughter of a child as a lesser included offense of second-degree murder, and the instruction itself was erroneous. This constituted fundamental error, requiring reversal.
• Smith v. State
  825 So. 2d 1012· Fla. 4th DCA· 2002-09-04 ·cited 10×
  Smith appealed denial of his post-conviction motion claiming ineffective assistance of counsel for failing to properly advise him about a plea offer. The court affirmed, holding that Smith failed to demonstrate the requisite prejudice under Strickland because counsel's alleged fa
• Nicolo Giangrasso v. State
  793 So. 2d 71· Fla. 4th DCA· 2001-07-25 ·cited 10×
  Giangrasso appealed his conviction for burglary with assault or battery, challenging jury instructions and the verdict form structure. The Fourth District Court of Appeal affirmed, holding that the jury instructions adequately conveyed the required intent element and that Giangra
• Sheridan v. State
  799 So. 2d 223· Fla. 2d DCA· 2001-07-13 ·cited 10×
  Sheridan appeals his second-degree murder conviction for a fatal beating, arguing the trial court erred by refusing to instruct the jury on third-degree murder as a lesser included offense. The court reverses, holding that aggravated battery can support a third-degree murder char
• Wilson v. State
  786 So. 2d 632· Fla. 4th DCA· 2001-05-09 ·cited 10×
  Wilson was convicted of armed robbery (robbery with a weapon) and appealed, challenging jury instructions and claiming ineffective assistance of counsel. The Fourth District Court of Appeal affirmed his conviction and sentence, finding no error in the trial court's refusal to ins
• Nixon v. State
  773 So. 2d 1213· Fla. 1st DCA· 2000-12-12 ·cited 10×
  Steven Nixon was convicted of two counts of simple child abuse for beating his stepson with an electrical cord. The First District Court of Appeal affirmed the conviction, holding that Nixon waived his parental privilege defense by requesting a jury instruction on the lesser-incl
• State v. Robinson
  771 So. 2d 1256· Fla. 3d DCA· 2000-11-15 ·cited 10×
  The State appealed a trial court's grant of a new trial in a sexual battery case, but the appellate court affirmed the decision based on the trial judge's finding that the guilty verdict was contrary to the weight of the evidence, while disagreeing with the judge's reasoning abou
• Darris Taylor v. State
  751 So. 2d 659· Fla. 5th DCA· 1999-12-30 ·cited 10×
  Taylor appeals his convictions for armed robbery, grand theft of a motor vehicle, and grand theft. The court reversed his conviction for grand theft (non-auto) as subsumed in the robbery charge, but affirmed his conviction for grand theft auto, finding sufficient temporal and spa
• State v. Coffman
  746 So. 2d 471· Fla. 2d DCA· 1998-08-26 ·cited 10×
  The appellate court held that the trial court erred in setting aside the jury verdict and granting a new trial, as the evidence was legally sufficient and the verdict was not contrary to the weight of the evidence.
• Torres v. State
  712 So. 2d 1169· Fla. 2d DCA· 1998-06-12 ·cited 10×
  Miguel Angel Torres appealed his convictions and sentence for burglary of a dwelling with battery, battery of a victim over 65, and grand theft. The court affirmed both battery convictions as separate offenses, corrected a mathematical error in the sentencing scoresheet, and stru
• J.M. v. State
  709 So. 2d 157· Fla. 5th DCA· 1998-03-27 ·cited 10×
  J.M., a juvenile, was adjudicated delinquent and committed on both armed robbery and grand theft charges arising from a single incident where he took a motor vehicle and keys from the victim at gunpoint. The appellate court reversed the grand theft conviction as a lesser included
• Medberry v. State
  699 So. 2d 857· Fla. 5th DCA· 1997-10-08 ·cited 10×
  The court held that a trial court errs in adjudicating and sentencing a defendant for a greater degree of felony sexual battery than the jury's verdict supports.
• L.F. v. State
  694 So. 2d 840· Fla. 2d DCA· 1997-05-28 ·cited 10×
  L.F., a juvenile, appealed his adjudication of delinquency for criminal mischief and trespass in a conveyance. The court affirmed the criminal mischief conviction but reversed the trespass conviction because the delinquency petition failed to allege all essential elements of the
• State v. Brady
  685 So. 2d 984· Fla. 5th DCA· 1997-01-03 ·cited 10×
  The state appeals the dismissal of refiled aggravated battery charges against Brady, which the trial court dismissed on double jeopardy grounds after Brady's conviction for attempted manslaughter (a nonexistent crime) was vacated.
• Wolf v. State
  679 So. 2d 351· Fla. 5th DCA· 1996-09-06 ·cited 10×
  Darla Wolf appealed her convictions for petit theft and fraudulent use of a credit card arising from a single act. The Florida Fifth District Court of Appeal agreed that petit theft is a necessarily lesser included offense of fraudulent use of a credit card, and therefore convict
• Alphonso LEE v. State
  664 So. 2d 330· Fla. 3d DCA· 1995-12-13 ·cited 10×