Lesser Included Offense

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

• Canion v. State
  661 So. 2d 931· Fla. 4th DCA· 1995-10-18 ·cited 10×
  Appellant's conviction on two counts of improper exhibition of a dangerous weapon for a single act was reversed because multiple convictions cannot arise from one act, and the trial court was directed to remove the second count from the probation order.
• Brennan v. State
  651 So. 2d 244· Fla. 3d DCA· 1995-03-08 ·cited 10×
  The court held that a conviction for trespass is improper when the defendant had implied consent to enter the property, and a conviction for petit theft is improper when the defendant was not charged with or tried for that offense and the evidence showed he was retrieving his own
• Blanchard v. State
  634 So. 2d 1118· Fla. 2d DCA· 1994-04-08 ·cited 10×
  William Clinton Blanchard appeals his conviction for false imprisonment and battery following a bench trial for charges arising from an incident at a convenience store. The court affirmed the false imprisonment conviction but reversed the battery conviction as a lesser included o
• Isaac v. State
  626 So. 2d 1082· Fla. 1st DCA· 1993-11-17 ·cited 10×
  Kevin Isaac appeals his conviction for attempted murder of a law enforcement officer under Florida Statute § 784.07(3), challenging the constitutionality of the statute and various trial rulings. The First District Court of Appeal affirmed the conviction, holding that the statute
• Horne v. State
  623 So. 2d 777· Fla. 1st DCA· 1993-08-18 ·cited 10×
• Rinaldi v. State
  614 So. 2d 1197· Fla. 2d DCA· 1993-02-26 ·cited 10×
  The court held that an insufficient jury instruction on manslaughter, omitting justifiable homicide, constitutes fundamental error requiring reversal of the second-degree murder conviction.
• Prater v. State
  608 So. 2d 559· Fla. 2d DCA· 1992-11-18 ·cited 10×
  The court held that the omission of a lesser included offense from the jury verdict form, despite its inclusion in jury instructions, constitutes reversible error.
• Rossi v. State
  602 So. 2d 614· Fla. 4th DCA· 1992-07-01 ·cited 10×
  Rossi was charged with second-degree murder but convicted of manslaughter after a barroom brawl. The appellate court reversed because the trial court improperly refused to instruct the jury on lesser included offenses of aggravated battery and battery, despite evidence that anoth
• Meenaghan v. State
  601 So. 2d 307· Fla. 4th DCA· 1992-06-24 ·cited 10×
  Margaret Meenaghan was convicted of burglary and felony criminal mischief as a lesser included offense to arson. The Fourth District Court of Appeal reversed her felony criminal mischief conviction because the charging document failed to allege the amount of damage, which is an e
• Sharpton v. Hon. John C. Turner Jr.
  964 F.2d 1284· 2d Cir.· 1992-05-19 ·cited 10×
  The court held that prosecuting state tax law violations after a prior prosecution for related offenses does not violate the Double Jeopardy Clause, as the conduct used to prove one offense is not the same as prosecuting that conduct.
• Griffin v. State
  598 So. 2d 254· Fla. 1st DCA· 1992-05-11 ·cited 10×
  The trial court erred in denying the appellant's motion for a continuance when the state's late disclosure of a key eyewitness prejudiced the appellant's ability to prepare an adequate defense.
• Euclides E. Peralta v. State
  596 So. 2d 1220· Fla. 5th DCA· 1992-04-10 ·cited 10×
  This case addresses the proper scope of restitution in a plea agreement where a defendant pleaded guilty to petit theft (a lesser included offense) after the state agreed to nolle pros more serious grand theft charges. The court held that restitution must be limited to the value
• Kavin Wayne Lincecum v. Collins
  958 F.2d 1271· 5th Cir.· 1992-04-07 ·cited 10×
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, and that the district court did not err in denying an evidentiary hearing on claims of ineffective assistance of counsel and unconstitutionality of the death penalty stat
• United States v. Boone
  951 F.2d 1526· 9th Cir.· 1991-12-05 ·cited 10×
  The court held that Dehlia Boone did not waive her right to appeal the discrepancy between the oral and written verdicts, and affirmed her conviction based on the written verdict. The court reversed Roger Swayze's perjury conviction on one count due to the literal truth of his an
• Ladner v. J.B. Smith
  941 F.2d 356· 5th Cir.· 1991-09-12 ·cited 10×
  The court held that the petitioner's successive prosecution for murder did not violate the Double Jeopardy Clause under the Grady v. Corbin test, as the essential elements of the murder charge did not require proof of conduct that constituted a separate offense for which he had a
• In the Interest of C.T.
  582 So. 2d 1245· Fla. 4th DCA· 1991-07-24 ·cited 10×
  The court held that convicting a defendant of a crime not charged in the petition constitutes fundamental error, violating due process.
• United States v. Young
  936 F.2d 1050· 9th Cir.· 1991-06-13 ·cited 10×
  The court held that the 'deadly or dangerous weapon' provision of 18 U.S.C. § 111 is a sentence enhancement, not a separate offense, and thus did not need to be alleged in the indictment. The court also affirmed that federal courts have jurisdiction over crimes of general federal
• Scalf v. State
  573 So. 2d 202· Fla. 1st DCA· 1991-01-25 ·cited 10×
  David Scalf was convicted of fraudulent transfer to a pawnbroker in county court, then prosecuted for trafficking in stolen property based on the same conduct. The court reversed his grand theft conviction (lesser-included offense to trafficking) under the Double Jeopardy Clause,
• Blair v. Armontrout
  916 F.2d 1310· 8th Cir.· 1990-09-24 ·cited 10×
  The court held that the state court's factual finding that no deal existed between the prosecutor and a key witness was supported by the record and thus presumed correct, meaning no knowing use of perjured testimony occurred. The court also held that the defendant's waiver of Mir
• Crapps v. State
  566 So. 2d 62· Fla. 5th DCA· 1990-08-30 ·cited 10×
• Haas v. Abrahamson
  910 F.2d 384· 7th Cir.· 1990-08-06 ·cited 10×
  The Seventh Circuit affirmed the denial of the habeas petition, holding that Wisconsin's rule barring psychiatric opinion testimony on the issue of a defendant's capacity to form specific intent to kill is not unconstitutional.
• Lewis v. State
  566 So. 2d 270· Fla. 2d DCA· 1990-06-08 ·cited 10×
  George Lewis appeals his convictions for first-degree murder and sexual battery with a deadly weapon. This is Lewis's second appeal after his first appeal resulted in a reversal of the trial court's grant of a new trial on the murder charge, and the court now affirms the judgment
• Fridovich v. State
  562 So. 2d 328· Fla.· 1990-04-26 ·cited 10×
  The Florida Supreme Court held that when a defendant's conviction is reversed for a new trial and the state files a refiled charging document for the same offense arising from the same criminal episode, the statute of limitations remains tolled as a continuation of the original p
• Satterfield v. State
  553 So. 2d 793· Fla. 1st DCA· 1989-12-20 ·cited 10×
  The court held that the trial court erred in its jury instructions regarding causation for DUI manslaughter and in allowing separate convictions for DUI manslaughter and the lesser included offense of DUI.
• United States v. Moskowitz
  888 F.2d 223· 2d Cir.· 1989-10-13 ·cited 10×
  The court affirmed the convictions for transporting hazardous materials and possessing cocaine but remanded for resentencing due to a lesser-included offense issue.
• Sheppard v. State
  549 So. 2d 796· Fla. 5th DCA· 1989-10-05 ·cited 10×
  Sheppard was convicted of both robbery and battery for a single incident where he pushed a victim to the ground and wrestled with her to take her purse. The court held that battery is a lesser included offense of robbery, and the same force that constituted the battery escalated
• Webster v. State
  549 So. 2d 784· Fla. 4th DCA· 1989-10-04 ·cited 10×
  Court clarified that after reversing a second-degree felony murder conviction for insufficient evidence, the defendant cannot be retried on the same charge due to double jeopardy, nor on lesser included offenses unless the jury was charged on those offenses.
• Bostick v. State
  537 So. 2d 706· Fla. 1st DCA· 1989-02-01 ·cited 10×
• Richardson v. Johnson
  864 F.2d 1536· 11th Cir.· 1989-01-17 ·cited 10×
  The court affirmed the denial of the habeas corpus petition, finding that Richardson's claims were either procedurally defaulted, lacked merit under applicable legal standards, or were barred by his own contradictory trial testimony.
• Meadows v. State
  534 So. 2d 1233· Fla. 4th DCA· 1988-12-14 ·cited 10×
  Dual convictions for armed robbery and aggravated assault arising from a single act are impermissible, and the legislature's amendment to the relevant statute should not be applied retroactively.
• Garrison v. State
  530 So. 2d 365· Fla. 5th DCA· 1988-08-04 ·cited 10×
  The court held that the trial court erred by refusing to instruct the jury on lesser included offenses of cocaine trafficking.
• Edwards v. State
  529 So. 2d 1213· Fla. 4th DCA· 1988-08-03 ·cited 10×
  Dual convictions for armed robbery and aggravated assault arising from a single act are impermissible, and the conviction for the lesser offense must be vacated.
• Lucian Herman Hawkins v. State
  522 So. 2d 488· Fla. 1st DCA· 1988-03-17 ·cited 10×
  The court held that while familial authority is a valid reason for departure, the victim's vulnerability due to mental retardation was an improper basis for departure as it related to the offense for which the defendant was not convicted. The convictions are affirmed, but the sen
• Engle v. Florida
  485 U.S. 924· U.S.· 1988-02-29 ·cited 10×
• Williams v. State
  511 So. 2d 740· Fla. 5th DCA· 1987-08-27 ·cited 10×
  Mark Williams appealed his conviction for resisting officers without violence, arguing the officers lacked lawful authority to detain him. The Florida appellate court affirmed, holding that Deputy Johnson had sufficient grounds to pursue Williams after observing him flee from ano
• C.P. v. State
  505 So. 2d 616· Fla. 3d DCA· 1987-04-14 ·cited 10×
  The court held that under double jeopardy principles, only one conviction can stand for possession of the same cannabis, and the conviction for possession with intent to sell is a felony.
• Garcia v. State
  504 So. 2d 494· Fla. 3d DCA· 1987-03-24 ·cited 10×
  Garcia was convicted by jury of possession of cocaine (a lesser included offense) after being charged with trafficking in over 400 grams. The trial court imposed a two-year prison sentence departing from guidelines based on the quantity of cocaine involved. The appellate court he
• United States v. Sloan
  811 F.2d 1359· 10th Cir.· 1987-02-17 ·cited 10×
  A trial court's denial of a defendant's request to make objections to jury instructions outside the presence of the jury, as required by Fed.R.Crim.P. 30, constitutes reversible error when coupled with an instruction that effectively adds elements not charged in the indictment, t
• Gonzalez v. State
  502 So. 2d 66· Fla. 3d DCA· 1987-02-10 ·cited 10×
  Jorge Gonzalez appeals his manslaughter conviction, claiming the trial court erred by re-instructing the jury on all charges while refusing to include a self-defense instruction. The Florida District Court of Appeal affirms, holding that the trial court properly responded to the
• Hattie Butler v. State
  497 So. 2d 1327· Fla. 4th DCA· 1986-11-26 ·cited 10×
  Butler was convicted of trafficking in cocaine by delivery and sentenced to seven years imprisonment. The Fourth District Court of Appeal reversed the conviction, finding the trial court erred by refusing to instruct the jury on simple possession as a lesser included offense to t
• Franklin v. White
  803 F.2d 416· 8th Cir.· 1986-10-15 ·cited 10×
  The court held that the petitioner received actual notice of the charges and therefore his due process rights were not violated, affirming the denial of his habeas corpus petition.
• Dicicco v. State
  496 So. 2d 864· Fla. 2d DCA· 1986-10-03 ·cited 10×
  The court held that the failure to instruct on the next immediate lesser included offense is per se reversible error, and sentencing errors require reversal.
• Vickers v. Ricketts
  798 F.2d 369· 9th Cir.· 1986-08-27 ·cited 10×
  The court held that the failure to instruct the jury on second-degree murder in a capital case, where evidence could support such a verdict, violates due process principles established in Beck v. Alabama.
• Sanchez v. State
  490 So. 2d 198· Fla. 3d DCA· 1986-06-24 ·cited 10×
  Santiago Sanchez was convicted of trafficking in cocaine and possession of cannabis. The jury returned verdicts on both the greater offense (trafficking) and the lesser included offense (possession) on count two. The appellate court affirmed the conviction and affirmed the senten
• Wimberly v. State
  476 So. 2d 272· Fla. 1st DCA· 1985-10-02 ·cited 10×
  The court held that a trial judge must instruct the jury on necessarily lesser included offenses, regardless of the evidence supporting the greater offense, but certified a question regarding this rule's application when evidence for the lesser offense is lacking. The court also
• United States v. Ashby
  771 F.2d 392· 8th Cir.· 1985-08-26 ·cited 10×
  The court held that the district court did not err in refusing jury instructions regarding the timing of the offense and lesser included offenses, nor in admitting Ashby's confession.
• Theodis Tolbert v. State
  474 So. 2d 5· Fla. 3d DCA· 1985-07-30 ·cited 10×
• United States v. Stead
  740 F.2d 657· 8th Cir.· 1984-08-08 ·cited 10×
  The court held that a 20-year sentence for attempting to enter a federally insured institution with intent to commit larceny, under 18 U.S.C. § 2113(a), does not constitute cruel and unusual punishment.
• P.P.M. v. State
  447 So. 2d 445· Fla. 2d DCA· 1984-03-23 ·cited 10×
  A juvenile was adjudicated delinquent for first-degree arson after a fire destroyed a boarded-up, unoccupied house that had been struck by lightning four years prior. The appellate court reversed, holding the structure did not qualify as a "dwelling" under Florida's first-degree
• Colvin v. State
  445 So. 2d 657· Fla. 1st DCA· 1984-02-21 ·cited 10×
  Gerald Colvin was convicted of five counts of grand theft for purchasing stolen firearms on different occasions from the same seller. The First District Court of Appeal affirmed his convictions, holding that multiple counts of theft are permissible under Florida's theft statute e