Lesser Included Offense

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

• Washington v. State
  247 So. 2d 743· Fla. 1st DCA· 1971-05-06 ·cited 10×
  The appellate court affirmed a conviction for assault with intent to commit rape, finding no error in instructing on lesser included offenses over the defendant's objection, nor in limiting character testimony.
• United States v. Seegers
  445 F.2d 232· D.C. Cir.· 1971-04-26 ·cited 10×
  The court held that the indictment for second-degree burglary was defective for failing to specify the intended criminal offense, requiring vacation of the conviction.
• United States v. The Honorable William P. Gray
  438 F.2d 1160· 9th Cir.· 1971-02-23 ·cited 10×
  A district court cannot accept a defendant's guilty plea to a lesser included offense without the government's consent, as this bypasses the indictment and the government's right to a jury trial on the charged offense.
• United States v. Daniels
  437 F.2d 656· D.C. Cir.· 1970-10-15 ·cited 10×
  The court held that the trial court properly denied a jury instruction on simple assault as a lesser included offense because the defense theory was that no gun existed, and the presence of a cartridge made the weapon dangerous. The court also held that any alleged misjoinder of
• Flagler v. Louie L. Wainwright
  423 F.2d 1359· 5th Cir.· 1970-03-26 ·cited 10×
  The court held that the state trial court's failure to instruct the jury on a lesser included offense did not deny the appellant due process or a meaningful trial by jury.
• Lanier v. State
  226 So. 2d 37· Fla. 1st DCA· 1969-08-26 ·cited 10×
  The court held that driving without a valid license and driving with a suspended license are distinct offenses, and therefore, prosecution for the latter after conviction for the former does not violate double jeopardy principles.
• Simmons v. State
  214 So. 2d 729· Fla. 3d DCA· 1968-10-22 ·cited 10×
  Claude Lee Simmons appealed his robbery conviction following a jury verdict, raising three procedural challenges: admission of lineup identification evidence, failure to instruct on lesser included offenses, and improper jury separation. The Florida District Court of Appeal rejec
• Payne v. United States
  392 F.2d 820· D.C. Cir.· 1968-03-05 ·cited 10×
  The court held that the trial judge did not err in handling the impeachment of defendants with prior convictions or in failing to instruct the jury on a lesser included offense when the defendants agreed not to pursue it.
• Nimrod C. Grace v. State
  206 So. 2d 225· Fla. 4th DCA· 1968-01-05 ·cited 10×
  Nimrod C. Grace appeals his conviction for attempted robbery, claiming the trial court erred by refusing to give instructions on lesser included offenses and by admitting a co-defendant's implicating statement. The Florida District Court of Appeal affirms the conviction, holding
• Dozier v. United States
  382 F.2d 482· D.C. Cir.· 1967-07-13 ·cited 10×
  The court held that the trial court's refusal to instruct the jury to consider counts sequentially was error, potentially impacting the verdict on one count.
• Green v. United States
  D.D.C.· 1967-06-30 ·cited 10×
• Johnson v. State
  173 So. 2d 487· Fla. 1st DCA· 1965-03-30 ·cited 10×
  The court held that a defendant who fails to request instructions on lesser included offenses or object to the given charges cannot raise the issue for the first time on appeal.
• Snow v. State
  171 So. 2d 557· Fla. 3d DCA· 1965-02-16 ·cited 10×
  James Curtis Snow challenged his conviction for second-degree murder by filing a petition alleging he was denied counsel at a preliminary hearing and that his court-appointed counsel provided ineffective assistance. The Florida appellate court affirmed the trial court's denial of
• Cantrell v. United States
  323 F.2d 613· D.C. Cir.· 1963-06-27 ·cited 10×
  The court held that evidence of the stolen vehicle was admissible and that any alleged errors regarding jury instructions or statements made by the accused were either waived or did not constitute plain error.
• Goswick v. State
  137 So. 2d 863· Fla. 3d DCA· 1962-01-22 ·cited 10×
  Grady Goswick appeals his conviction for aggravated assault, challenging the trial court's failure to instruct the jury on the lesser included offense of assault and battery, the admission of photographic evidence, the prosecutor's cross-examination of a defense witness regarding
• McQUAID v. United States
  193 F.2d 696· D.C. Cir.· 1951-11-20 ·cited 10×
  The court held that an omission in jury instructions regarding the value of stolen property was not prejudicial because the sentence imposed was consistent with the lesser offense, rendering the exact value determination by the jury immaterial.
• United States v. Dennis
  26 F.4th 922· 11th Cir.· 2022-02-16 ·cited 9×
  A probationer is entitled to written notice of claimed violations, but this notice need not explicitly identify lesser included offenses if the greater offense is adequately identified.
• McCloud v. State
  209 So. 3d 534· Fla.· 2017-01-19 ·cited 9×
  Stanley McCloud was convicted of second-degree murder after his wife was shot, but the jury received a fundamentally erroneous instruction on manslaughter by act. The Florida Supreme Court approved the Fifth District's affirmance of his conviction, holding that the error was cure
• Knighton v. State
  193 So. 3d 115· Fla. 4th DCA· 2016-05-25 ·cited 9×
  The trial court reversibly erred by refusing to instruct the jury on the permissive lesser-included offense of unnatural and lascivious act when the evidence supported such an instruction. The inclusion of prior juvenile adjudications on the sentencing scoresheet was not error.
• Baptiste v. State
  179 So. 3d 502· Fla. 1st DCA· 2015-11-24 ·cited 9×
  Peter Baptiste appealed his convictions for armed robbery and conspiracy to rob, challenging the admission of incriminating statements he made to police. The court reversed because officers misrepresented the law by promising Baptiste he could only be charged with simple robbery
• Roberts v. State
  168 So. 3d 252· Fla. 1st DCA· 2015-06-18 ·cited 9×
  Jessie Roberts was convicted of attempted second-degree murder for shooting Catrina Howard during a marijuana transaction dispute. On appeal, Roberts challenged the trial court's failure to instruct on attempted manslaughter as a necessarily lesser-included offense and the trial
• Starling v. State
  152 So. 3d 868· Fla. 1st DCA· 2014-12-23 ·cited 9×
  The court held that a conviction for robbery with a weapon cannot stand when the jury specifically found the defendant did not possess the firearm used in the offense.
• Flowers v. State
  149 So. 3d 1206· Fla. 1st DCA· 2014-11-06 ·cited 9×
  A defendant cannot complain on appeal about a jury instruction that their own counsel requested, even if that instruction concerns a time-barred offense, due to the invited error doctrine.
• Kish v. State
  145 So. 3d 225· Fla. 1st DCA· 2014-08-28 ·cited 9×
  Jennifer Kish was convicted of three counts of culpable negligence under Florida law for leaving her three children (ages 10, 8, and 7) unsupervised for two to three hours at a trusted caregiver's home after the caregiver unexpectedly was not present when the school bus dropped t
• D.J.D. v. State
  143 So. 3d 1115· Fla. 4th DCA· 2014-08-06 ·cited 9×
  A juvenile was charged with the enhanced offense of assault on a law enforcement officer under Florida law, which requires that the officer be engaged in the lawful performance of duty at the time of the assault. The Fourth District Court of Appeal reversed the adjudication, hold
• Rangel v. State
  132 So. 3d 844· Fla. 2d DCA· 2013-12-13 ·cited 9×
  Francisco Rangel was convicted of second-degree murder and attempted second-degree murder. On appeal, the Florida Second District Court of Appeal affirmed his murder conviction but reversed his attempted murder conviction due to fundamental error in the jury instruction on attemp
• Adams v. State
  122 So. 3d 976· Fla. 2d DCA· 2013-10-11 ·cited 9×
  John Adams appealed his conviction for attempted robbery, arguing the trial court committed fundamental error by denying the jury's request for trial transcripts without informing them of their right to request a read-back of testimony. The Florida Second District Court of Appeal
• Coleman v. State
  110 So. 3d 971· Fla. 2d DCA· 2013-04-05 ·cited 9×
  The court held that appellate counsel was ineffective for failing to argue that the standard jury instruction for attempted manslaughter by act constituted fundamental error. Coleman is entitled to a belated direct appeal on this issue.
• Bell v. State
  114 So. 3d 229· Fla. 5th DCA· 2013-01-04 ·cited 9×
  Claude Bell appeals his convictions for aggravated assault with a firearm, robbery with a firearm, and attempted robbery with a firearm, arguing the assault convictions violate double jeopardy by being subsumed within the robbery convictions. The Fifth District Court of Appeal af
• Leyritz v. State
  93 So. 3d 1156· Fla. 4th DCA· 2012-08-01 ·cited 9×
  The Florida Fourth District Court of Appeal reversed the trial court's cost assessment against a defendant who was acquitted of manslaughter charges but convicted of the lesser-included misdemeanor of driving under the influence. The court held that the trial court must specifica
• Mendoza v. State
  93 So. 3d 458· Fla. 4th DCA· 2012-07-18 ·cited 9×
  The court affirmed the denial of postconviction relief, holding that State v. Montgomery does not apply retroactively to final convictions and does not apply substantively to first-degree murder convictions.
• Heavy Patrell Shavers v. State
  86 So. 3d 1218· Fla. 2d DCA· 2012-05-02 ·cited 9×
  Heavy Patrell Shavers was convicted of first-degree murder and grand theft for shooting a drug dealer during a robbery. The Florida District Court of Appeal reversed and remanded for a new trial, finding the jury's verdict legally inconsistent: the jury convicted Shavers of first
• Asley Espute v. State
  85 So. 3d 532· Fla. 4th DCA· 2012-04-11 ·cited 9×
  Defendant Espute was convicted of aggravated battery and battery arising from a violent altercation. On appeal, he challenged the trial court's denial of his mistrial motion based on the prosecutor's improper comment on his right to remain silent. The Fourth District Court of App
• Poole v. State
  67 So. 3d 431· Fla. 2d DCA· 2011-08-12 ·cited 9×
  The court held that the failure to instruct the jury on section 812.025 does not constitute fundamental error warranting a new trial.
• Bradshaw v. State
  61 So. 3d 1266· Fla. 3d DCA· 2011-05-25 ·cited 9×
  Bradshaw was convicted of second-degree murder, but the Florida appellate court reversed because the trial court committed fundamental error by giving an incomplete jury instruction on the lesser included offense of manslaughter—specifically, by instructing only on culpable negli
• Bobby v. Mitts
  563 U.S. 395· U.S.· 2011-05-02 ·cited 9×
  The Supreme Court reversed a Sixth Circuit decision that vacated Harry Mitts's death sentence based on jury instructions given during the penalty phase of his capital murder trial. The Court held that Ohio's penalty phase instructions did not violate due process under Beck v. Ala
• Blackmon v. State
  58 So. 3d 343· Fla. 1st DCA· 2011-03-31 ·cited 9×
  David Blackmon was convicted of both petit theft and dealing in stolen property involving the same stolen steel bars from a single course of conduct. The First District Court of Appeal reversed the petit theft conviction, holding that section 812.025 of the Florida Statutes prohi
• Carter v. State
  53 So. 3d 1248· Fla. 2d DCA· 2011-02-23 ·cited 9×
  Tyrone Lee Carter appeals his convictions for second-degree murder and attempted first-degree murder. The Florida appellate court finds that the jury instruction for manslaughter as a lesser included offense of second-degree murder constituted fundamental error by requiring proof
• Slack v. State
  30 So. 3d 684· Fla. 1st DCA· 2010-03-25 ·cited 9×
  Sidney Slack appealed his conviction for fleeing or attempting to elude a law enforcement officer, arguing the state failed to prove the patrol vehicle displayed agency insignia as required by Florida law. The appellate court agreed the state failed to establish this element, rev
• State v. Riley
  26 So. 3d 1288· Fla.· 2009-12-10 ·cited 9×
• Moore v. State
  18 So. 3d 715· Fla. 2d DCA· 2009-10-02 ·cited 9×
  Sandy Antonio Moore appeals his conviction for possession of cocaine with intent to sell within 1,000 feet of a church. The court reversed the conviction and remanded for entry of judgment on the lesser-included offense of possession with intent to sell, finding insufficient evid
• Garcia v. State
  976 So. 2d 676· Fla. 2d DCA· 2008-03-19 ·cited 9×
  Rolando Garcia appeals his conviction for capital sexual battery of a four-year-old child, arguing the trial court erred in denying his request for a jury instruction on lewd or lascivious molestation as a lesser included offense. The Second District Court of Appeal affirms the c
• Negron v. State
  938 So. 2d 650· Fla. 4th DCA· 2006-10-11 ·cited 9×
  The trial court erred in instructing the jury on aggravated assault as a lesser included offense of aggravated battery because the information did not allege the necessary elements for aggravated assault.
• Parker v. State
  921 So. 2d 812· Fla. 4th DCA· 2006-03-01 ·cited 9×
  Ernest Lee Parker appealed the summary denial of his rule 3.850 postconviction motion challenging his mandatory minimum sentence for attempted second-degree murder. The appellate court reversed as to ground fifteen, holding that Florida law required a clear jury finding that Park
• Dial v. State
  922 So. 2d 1018· Fla. 4th DCA· 2006-02-15 ·cited 9×
  Bradley Dial was convicted of aggravated manslaughter of a child resulting from fatal injuries inflicted on an eight-year-old boy in his care. The Fourth District affirmed the conviction and 30-year sentence, rejecting arguments that the jury's acquittal on first-degree murder bu
• State v. Derrek Carnell Douglas
  919 So. 2d 481· Fla. 3d DCA· 2005-11-02 ·cited 9×
  A subsequently filed information is timely if it is connected with and a continuation of a prosecution timely begun, even if the new information alleges an offense not explicitly charged in the original information.
• Carrin v. State
  875 So. 2d 719· Fla. 1st DCA· 2004-06-07 ·cited 9×
  Raymond Carrin was convicted of aggravated assault on a law enforcement officer after nearly running over a police officer with his car while evading arrest. The appellate court reversed the conviction for insufficient evidence, finding the conviction could not stand because the
• Messer v. State
  757 So. 2d 526· Fla. 4th DCA· 2000-03-22 ·cited 9×
  Robert Messer was convicted of manslaughter as an aider and abettor to murder. The Fourth District affirmed his conviction, finding sufficient evidence that he intentionally assisted in the crime through his presence, knowledge of the perpetrators' intent, and post-murder actions
• Green v. State
  706 So. 2d 884· Fla. 4th DCA· 1998-01-28 ·cited 9×
  The appellate court affirmed the conviction for aggravated assault but reversed one of the convictions for improper exhibition of a firearm, holding that multiple victims in a single event do not justify multiple convictions for that offense.
• Knight v. State
  668 So. 2d 596· Fla.· 1996-02-22 ·cited 9×
  A trial court is not required to instruct the jury on minimum mandatory sentences, even when a statute mandates such a sentence based on factual findings, unless the jury must determine the quantity of contraband involved in a drug trafficking offense.