Lesser Included Offense

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

• Thompson v. State OF Mo.
  724 F.2d 1314· 8th Cir.· 1984-01-10 ·cited 10×
  The court held that the nondisclosure of information regarding another suspect did not affect the outcome of the trial, and that the petitioner's double jeopardy and dangerous offender claims lacked merit.
• Rodriguez v. State
  443 So. 2d 286· Fla. 3d DCA· 1983-12-22 ·cited 10×
  Rodriguez was charged with attempted first-degree murder but convicted of attempted second-degree murder. He appealed, contending the trial court erred in refusing to instruct the jury on attempted manslaughter, a lesser-included offense. The Florida appellate court reversed, hol
• Gov't of the Virgin Islands v. Soto
  718 F.2d 72· 3d Cir.· 1983-09-29 ·cited 10×
  The court held that a handgun displayed during a robbery can be considered a dangerous weapon even if not recovered, and that cumulative punishments for robbery and possession of a dangerous weapon are permissible under Virgin Islands law.
• Jules Boivin v. State
  436 So. 2d 1074· Fla. 3d DCA· 1983-09-06 ·cited 10×
  Jules Boivin was convicted of attempted murder, aggravated battery, and possession of a firearm during a felony for shooting at a man and his son who came to Boivin's trailer. The court vacated the convictions for aggravated battery and firearm possession as lesser included offen
• Harpham v. State
  435 So. 2d 375· Fla. 5th DCA· 1983-07-28 ·cited 10×
  Appellants Harpham and Pitre were convicted of armed robbery under Florida Statute § 812.13(2)(a) based on Pitre's use of a starter pistol during the robbery. The court reversed their armed robbery convictions, finding insufficient evidence that the starter pistol qualified as a
• Anderson v. State
  447 So. 2d 236· Fla. 1st DCA· 1983-07-18 ·cited 10×
  Appellants could have been convicted and sentenced for both manufacture and possession of a controlled substance without violating double jeopardy, as possession is not a necessarily included offense of manufacture.
• United States v. Levy
  703 F.2d 791· 4th Cir.· 1983-03-23 ·cited 10×
  The court held that the district judge erred in refusing to instruct the jury on the lesser included offense of simple possession, as a rational jury could have found the defendant guilty of simple possession but not possession with intent to distribute.
• United States v. Slater
  692 F.2d 107· 10th Cir.· 1982-10-27 ·cited 10×
  The court held that the in-court identifications were independently valid, rendering any error in admitting the photographic array harmless, but that the failure to instruct on a lesser included offense was prejudicial error.
• Carroll Lauramore v. State
  422 So. 2d 896· Fla. 1st DCA· 1982-08-25 ·cited 10×
  Carroll Lauramore appealed his conviction for robbery and burglary, challenging the admission of eyewitness identification testimony obtained through a suggestive pre-trial procedure and arguing that robbery was a lesser included offense of burglary. The appellate court affirmed
• United States v. Jenkins
  665 F.2d 47· 2d Cir.· 1981-11-24 ·cited 10×
  A conviction for unarmed bank robbery under 18 U.S.C. § 2113(a) must merge into a conviction for armed bank robbery under 18 U.S.C. § 2113(d) when both arise from a single criminal act.
• United States v. Young
  655 F.2d 624· 5th Cir.· 1981-09-08 ·cited 10×
  The court held that the trial court did not err in sustaining objections to irrelevant cross-examination, that sufficient evidence supported the conviction for possession with intent to distribute, and that there was no plain error in failing to instruct on simple possession.
• Alvaro Palacio v. State
  402 So. 2d 500· Fla. 3d DCA· 1981-08-11 ·cited 10×
  Palacio was convicted of improper exhibition of a firearm (a misdemeanor) and unlawful possession of a firearm while engaged in commission of felonies, but acquitted of the underlying felonies. The court reversed the firearm possession conviction because Florida law requires a co
• Stone v. State
  402 So. 2d 1222· Fla. 5th DCA· 1981-07-22 ·cited 10×
  The court held that a prior conviction for improper display of a dangerous weapon bars a subsequent prosecution for aggravated assault when both charges arise from the same act and the elements of the offenses are not distinct.
• Davenport v. State
  396 So. 2d 232· Fla. 1st DCA· 1981-03-25 ·cited 10×
  Davenport appeals his conviction for attempted robbery, challenging the trial court's refusal to instruct the jury on certain lesser included offenses and arguing error in sentencing. The appellate court found the jury instruction issue was waived due to lack of objection, but re
• Dees v. State
  397 So. 2d 1145· Fla. 2d DCA· 1981-02-04 ·cited 10×
• Rodriguez v. State
  395 So. 2d 555· Fla. 2d DCA· 1981-02-04 ·cited 10×
  In consolidated appeals of six defendants convicted of felony marijuana possession, the court affirmed all convictions but vacated the sentences imposed on two defendants for simple possession where they were also sentenced for the lesser-included offense of possession with inten
• Gov't of the Virgin Islands v. Blyden
  626 F.2d 310· 3d Cir.· 1980-07-22 ·cited 10×
  The court held that the trial court did not err in finding the defendants guilty of unlawful entry and petty larceny, affirming their convictions.
• Brainard v. State
  380 So. 2d 1302· Fla. 2d DCA· 1980-03-05 ·cited 10×
  Brainard appealed his conviction and concurrent ten-year sentences for three cannabis offenses. The appellate court held that the simple possession charge was a lesser-included offense of the possession-with-intent-to-sell charge, and therefore conviction on both was illegal. The
• State v. Ward
  374 So. 2d 1128· Fla. 1st DCA· 1979-09-12 ·cited 10×
  Florida appeals a trial court's dismissal of vehicular homicide charges against Ward based on an expert neurologist's opinion that Ward was suffering a seizure at the time of a fatal collision. The appellate court reverses, holding that vehicular homicide under Florida's statute
• Lumia v. State
  372 So. 2d 525· Fla. 4th DCA· 1979-06-29 ·cited 10×
  Defendant Lumia appeals his conviction for grand larceny, challenging the trial court's instruction on this lesser included offense where the information did not specify the amount taken. The court affirms the conviction, holding that because defendant affirmatively sought the gr
• Henderson v. State
  370 So. 2d 435· Fla. 1st DCA· 1979-05-04 ·cited 10×
  The court held that while it was error to fail to instruct the jury on attempted aggravated battery and attempted battery, the error was harmless because the jury was instructed on lesser included offenses with virtually identical elements and penalties.
• Hestor v. State
  363 So. 2d 26· Fla. 4th DCA· 1978-09-20 ·cited 10×
  Harold Hestor was convicted of attempted tampering with a witness under Florida Statute 918.14, but the Fourth District Court of Appeal reversed and remanded, holding that attempted tampering with a witness is not a cognizable offense because the statute itself includes "endeavor
• Walton v. State
  360 So. 2d 50· Fla. 2d DCA· 1978-06-23 ·cited 10×
  Clyde Walton appealed his conviction and sentence for multiple drug and firearm offenses. The court affirmed his convictions but remanded for resentencing, holding that the trial court improperly imposed separate sentences for carrying a concealed firearm and carrying a concealed
• United States v. Davis
  573 F.2d 1177· 10th Cir.· 1978-04-14 ·cited 10×
  The court held that while the trial court properly resentenced the defendant on Counts I and III, Count II must be expressly vacated, and the resentencing did not improperly increase the defendant's sentence.
• United States v. Richardson
  562 F.2d 476· 7th Cir.· 1977-09-26 ·cited 10×
  The court affirmed the convictions, holding that the admission of certain evidence, jury instructions, and the denial of a motion to suppress did not constitute plain error or violate defendants' rights.
• United States v. Ribs
  562 F.2d 563· 8th Cir.· 1977-09-19 ·cited 10×
  The court held that assault is not a lesser included offense of carnal knowledge, and the trial court's jury instructions on witness credibility were adequate.
• Carrizales v. State
  345 So. 2d 1113· Fla. 2d DCA· 1977-05-20 ·cited 10×
  Martin Carrizales was convicted of first-degree murder for shooting Faustino Gonzalez at a shopping center. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred by refusing to instruct the jury on Florida Statute Section 7
• United States v. Littlewind
  551 F.2d 244· 8th Cir.· 1977-03-17 ·cited 10×
  The court held that the trial court did not abuse its discretion in allowing leading questions on direct examination of young victims, nor did it err in denying the motion for acquittal or in its jury instructions.
• State v. Diggs
  336 So. 2d 446· Fla. 4th DCA· 1976-08-13 ·cited 10×
  The court held that the failure to instruct the jury on attempted robbery was harmless error when the jury convicted the defendants of the highest offense proven beyond a reasonable doubt.
• Chance v. Garrison
  537 F.2d 1212· 4th Cir.· 1976-06-10 ·cited 10×
  The court held that a state court's interpretation of state statutes regarding in-custody interrogations does not present a federal question for habeas corpus review unless it infringes upon a federally protected right.
• United States v. Harold
  531 F.2d 704· 5th Cir.· 1976-05-12 ·cited 10×
  The court held that mere presence or association with contraband is insufficient to prove constructive possession or aiding and abetting distribution. Additional evidence of dominion or control is required.
• Farmer v. State
  315 So. 2d 225· Fla. 2d DCA· 1975-06-25 ·cited 10×
  Milton Farmer was convicted of attempted armed robbery, possession of a firearm while committing a felony, and conspiracy. The Florida appellate court affirmed the convictions but vacated the sentence because the trial court imposed a single general sentence for multiple offenses
• United States v. LEE
  509 F.2d 400· D.C. Cir.· 1974-12-27 ·cited 10×
  The court held that a warrantless search of an automobile is permissible under the Fourth Amendment when there is probable cause to believe the car contains evidence of a crime, even if conducted at the station house after the car has been seized. The court also held that admitti
• United States v. Freeman Johnson
  506 F.2d 305· 7th Cir.· 1974-11-26 ·cited 10×
  The court held that state court convictions cannot be used to invoke the double penalty provisions of 21 U.S.C. § 841(b)(1)(A).
• Lowman v. State
  303 So. 2d 667· Fla. 4th DCA· 1974-11-08 ·cited 10×
  Homer Lowman's probation was revoked after he admitted violations, and he was sentenced to prison for false imprisonment. On appeal, Lowman challenged the trial court's jurisdiction to accept his nolo contendere plea to false imprisonment, arguing it was not a lesser included off
• Bracy v. State
  299 So. 2d 126· Fla. 4th DCA· 1974-08-30 ·cited 10×
  Wilson Bracy was convicted by jury of robbery and first-degree murder in the death of Thomas Huggins. The Florida appellate court reversed because the trial judge erred in refusing to instruct the jury on lesser-included offenses (attempted murder, attempted robbery, and assault
• United States v. Wade
  502 F.2d 144· 6th Cir.· 1974-08-27 ·cited 10×
  The court held that the case must be remanded for an evidentiary hearing to determine if the defense counsel was misled by a court law clerk regarding jury instructions on lesser included offenses.
• Vena v. State
  295 So. 2d 720· Fla. 3d DCA· 1974-06-11 ·cited 10×
  Albert Vena was convicted of breaking and entering with intent to commit grand larceny, assaulting persons, false imprisonment, and petit larceny in connection with a home invasion to recover money. The appellate court affirmed most convictions but reversed and remanded the break
• McHANEY v. State
  295 So. 2d 355· Fla. 1st DCA· 1974-06-04 ·cited 10×
  The court reversed in part a conviction where the defendant received consecutive sentences for breaking and entering with intent to commit grand larceny and grand larceny. The court held that because these crimes constitute a single criminal transaction, the defendant may only be
• Grech v. Louie L. Wainwright
  492 F.2d 747· 5th Cir.· 1974-04-12 ·cited 10×
  The court held that excusing Jewish jurors upon request due to Yom Kippur did not violate the Constitution or the Jury Selection and Service Act.
• United States v. Uless Grant Manson
  494 F.2d 804· 7th Cir.· 1974-04-09 ·cited 10×
  The court held that the Fifth Amendment privilege against self-incrimination is personal and cannot be asserted by third parties, and that a conspiracy charge under 18 U.S.C. § 371 is not a separate offense from a substantive violation of 18 U.S.C. § 1955 if it requires no proof
• United States v. Melton
  491 F.2d 45· D.C. Cir.· 1973-09-26 ·cited 10×
  The court denied the suggestion for rehearing en banc, and the panel, on rehearing, improved its original disposition but still committed a major decisional error.
• Stills v. State
  272 So. 2d 174· Fla. 1st DCA· 1973-01-30 ·cited 10×
  Neal Alfonza Stills was convicted of second-degree murder after being charged with first-degree murder. The Florida appellate court reversed the conviction because the trial court erroneously refused to re-instruct the jury on justifiable homicide and self-defense when the jury r
• Waller v. State
  270 So. 2d 26· Fla. 2d DCA· 1972-11-22 ·cited 10×
  Joseph Waller was convicted of grand larceny in state court for taking a mural from St. Petersburg City Hall after previously being convicted in municipal court of destruction of city property and disorderly conduct. The Florida District Court of Appeal held that municipal ordina
• United States v. Eisenberg
  469 F.2d 156· 8th Cir.· 1972-11-09 ·cited 10×
  The court held that the defendant's conviction was supported by substantial evidence and the trial was free of prejudicial error, affirming the judgment.
• United States v. Smoot
  463 F.2d 1221· D.C. Cir.· 1972-04-25 ·cited 10×
  The court held that the trial court's actions, including the modified Allen charge and the inquiry to the jury regarding potential agreement on a lesser included offense, were not prejudicially coercive and did not constitute reversible error.
• United States v. Floyd (NMN) Bryant
  454 F.2d 248· 4th Cir.· 1972-02-01 ·cited 10×
  The court held that the driver's testimony was insufficient to prove the value of the stolen property exceeded $100, but sufficient to convict for the lesser included misdemeanor offense.
• Roberson v. State
  258 So. 2d 257· Fla.· 1971-12-16 ·cited 10×
  Eugene Roberson was convicted of first-degree murder and sentenced to death after a retrial, following his initial conviction with a jury recommendation of mercy and life sentence. The Florida Supreme Court held that North Carolina v. Pearce principles require the trial court to
• United States v. Flanagan
  445 F.2d 263· 5th Cir.· 1971-06-23 ·cited 10×
• Glaze v. State
  249 So. 2d 742· Fla. 1st DCA· 1971-06-22 ·cited 10×
  Glaze appeals his conviction for carrying a concealed weapon after being acquitted of assault with intent to commit murder, arguing that the concealed weapon charge violates double jeopardy as a lesser-included offense. The court holds that carrying a concealed weapon is not a le