Lesser Included Offense

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

• Turner v. State
  661 So. 2d 93· Fla. 5th DCA· 1995-09-01 ·cited 9×
  Turner was convicted of both possession of cocaine and possession of cocaine in a detention facility. The appellate court held that these convictions violated double jeopardy principles because they arose from the same cocaine and the jail possession charge merely added a single
• Ritchie v. State
  651 So. 2d 167· Fla. 1st DCA· 1995-02-21 ·cited 9×
  Randall Ritchie, charged with first degree murder but convicted of the lesser included offense of second degree murder, challenges his adult sentence for failing to comply with statutory sentencing criteria. The court affirms the sentence while expressing doubts about the statute
• Lundy v. State
  614 So. 2d 674· Fla. 2d DCA· 1993-03-03 ·cited 9×
  A conviction for armed robbery of a second victim is reversed when the taking of property was from a single victim, even if another person was also threatened.
• Dixon v. State
  603 So. 2d 570· Fla. 5th DCA· 1992-07-17 ·cited 9×
  Bare hands and fists, without more, are not considered deadly weapons for the purpose of aggravated battery charges in Florida.
• Keene v. State
  600 So. 2d 513· Fla. 2d DCA· 1992-06-10 ·cited 9×
  Florida appellate court reversed conviction for simple possession of cannabis as a lesser-included offense of possession with intent to sell, violating double jeopardy principles, while affirming other convictions.
• Wilson v. State
  566 So. 2d 36· Fla. 4th DCA· 1990-08-22 ·cited 9×
  David Wilson was convicted of robbery with a firearm, but the jury verdict form omitted the lesser included offense of simple robbery that the trial court had instructed the jury on. The appellate court reversed the conviction on count I, finding the verdict defective because it
• Miller v. State
  549 So. 2d 1106· Fla. 2d DCA· 1989-09-29 ·cited 9×
  Robert Lewis Miller appeals his convictions for manslaughter and vehicular homicide arising from a high-speed chase that resulted in a head-on collision killing three people. The appellate court affirmed the convictions but remanded for resentencing and correction of sentencing e
• Chavez v. Dareld Kerby
  848 F.2d 1101· 10th Cir.· 1988-06-08 ·cited 9×
  The admission of prior act testimony and the refusal to instruct on a lesser included offense did not violate the petitioner's constitutional rights, thus habeas corpus relief is denied.
• Owens v. State
  444 So. 2d 951· Fla. 2d DCA· 1984-02-03 ·cited 9×
  The Florida District Court of Appeal, Second District, recalled and modified its previous mandate in Owens v. State to resolve an intradistrict conflict between Owens and Vitko regarding whether an allegation that a defendant "carried" a firearm sufficiently alleges an essential
• Nerison v. Solem
  715 F.2d 415· 8th Cir.· 1983-08-24 ·cited 9×
  The court held that federal habeas corpus review is barred by procedural default for claims not raised in state court, absent a showing of cause and prejudice, and that the denial of a continuance or substitution of counsel was not an abuse of discretion absent prejudice.
• Carr v. State
  430 So. 2d 978· Fla. 3d DCA· 1983-05-10 ·cited 9×
  Darrell Carr appeals his convictions for armed robbery, aggravated battery, and false imprisonment, challenging both inflammatory prosecutorial comments during closing argument and the imposition of consecutive sentences for armed robbery and aggravated battery. The Florida appel
• United States v. Shield
  697 F.2d 845· 8th Cir.· 1983-01-21 ·cited 9×
  The court held that it was not error to instruct the jury on involuntary manslaughter as a lesser included offense, even when self-defense was raised, because the defendant's actions could be construed as criminally negligent.
• Speed v. State
  410 So. 2d 980· Fla. 2d DCA· 1982-03-10 ·cited 9×
  Speed was convicted of first-degree burglary and sexual battery and sentenced to 75 years for each, running concurrently. The court affirmed both convictions but vacated the sentence for sexual battery because the sexual battery was an assault element indispensable to proving fir
• MacEk v. State
  409 So. 2d 107· Fla. 4th DCA· 1982-01-20 ·cited 9×
• United States v. Frantze
  655 F.2d 128· 8th Cir.· 1981-07-30 ·cited 9×
  The court held that the district court did not err in refusing to disclose the informant's address, permitting the informant to testify, refusing a jury instruction on possession, denying a motion for acquittal, refusing to offer an equal plea agreement, or denying a motion to di
• James v. State
  386 So. 2d 890· Fla. 1st DCA· 1980-08-19 ·cited 9×
  Aggravated assault with a firearm is a category IV lesser included offense of kidnapping with a firearm when the information and proof support it.
• Reddick v. State
  380 So. 2d 1330· Fla. 5th DCA· 1980-03-19 ·cited 9×
  Willie Reddick was convicted of robbery with a firearm and appealed, claiming the trial court erred by failing to instruct the jury on the lesser included offense of robbery with a weapon. The Fifth District Court of Appeal affirmed the conviction, finding that the jury instructi
• In the Interest of J. C. M. v. State
  375 So. 2d 873· Fla. 2d DCA· 1979-10-12 ·cited 9×
  A juvenile was charged with aggravated assault using a deadly weapon (automobile) but adjudicated delinquent of culpable negligence instead. The court reversed, holding that culpable negligence is not a lesser included offense of aggravated assault, and therefore the conviction v
• Carver v. State
  344 So. 2d 1328· Fla. 1st DCA· 1977-04-29 ·cited 9×
  Bobby Carver was convicted of lewd and lascivious assault on his 10-year-old daughter. The Florida appellate court reversed his conviction, finding two prejudicial errors: the trial court's refusal to instruct the jury on necessarily included lesser offenses (assault and assault
• United States v. Thornton
  498 F.2d 749· D.C. Cir.· 1974-06-03 ·cited 9×
  The court held that the trial court's jury instructions regarding burglary and rape were not erroneous, and other contentions lacked merit.
• United States v. Meyers
  443 F.2d 913· 9th Cir.· 1971-06-04 ·cited 9×
  The court held that the conviction for receipt and retention of stolen government property was valid, affirming the lower court's decision.
• Adams v. State
  242 So. 2d 723· Fla. 1st DCA· 1971-01-12 ·cited 9×
  The court held that the evidence was insufficient to prove the value of the stolen television set at the time of the theft, thus failing to establish intent to commit grand larceny.
• Springfield v. United States
  403 F.2d 572· D.C. Cir.· 1968-10-02 ·cited 9×
  The court held that the appellant was not prejudiced by his case being treated as a capital offense, even though the penalty provisions were unconstitutional.
• Griffin v. State
  72 Fla. 79· Fla.· 1916-07-08 ·cited 9×
  J. C. Griffin was convicted of assault with intent to commit manslaughter (a lesser charge than the assault with intent to commit murder alleged in the indictment) after firing a pistol from a roadside that wounded Fred Horne driving in an automobile. Griffin appealed, claiming t
• Lammons v. State
  246 So. 3d 524· Fla. 3d DCA· 2018-05-09 ·cited 8×
  Although the prosecutor's characterization of defense counsel's closing argument as employing "tactic" constituted improper denigration of the defense, the error was harmless beyond a reasonable doubt because the comment was isolated, corroborating evidence existed, the jury rece
• Sampson v. State
  213 So. 3d 1090· Fla. 3d DCA· 2017-03-15 ·cited 8×
  Anthony Sampson appeals his convictions for second-degree murder, armed robbery, and grand theft, arguing that improper prosecutorial comments during closing argument constituted fundamental error. The Third District Court of Appeal affirmed the convictions, holding that while th
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-03
  191 So. 3d 291· Fla.· 2016-04-07 ·cited 8×
  The Florida Supreme Court approved proposed amendments to standard jury instructions in criminal drug cases, including modifications to existing instructions on drug trafficking, possession, and related offenses, and authorization of new instructions for specific controlled subst
• Everly Scott Lippwe v. State
  152 So. 3d 782· Fla. 1st DCA· 2014-12-09 ·cited 8×
  Everly Scott Lippwe was convicted of two counts of organized trafficking in stolen property, but the Florida First District Court of Appeal reversed, holding that under Goddard v. State, an individual who directly participates in stealing and selling only their own stolen goods c
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2013-02
  137 So. 3d 995· Fla.· 2014-04-24 ·cited 8×
  The Florida Supreme Court authorized amended standard jury instructions in criminal cases regarding murder and attempted murder offenses. The amendments add language addressing enhanced penalties for crimes against law enforcement and correctional officers, incorporate the common
• In re Standard Jury Instructions IN Crim. Cases-Instruction 14.2
  121 So. 3d 520· Fla.· 2013-08-29 ·cited 8×
  The Florida Supreme Court authorized for interim publication and use an amended jury instruction (14.2) for the crime of dealing in stolen property, implemented in light of the Court's decision in Williams v. State requiring specific jury instructions when both theft and dealing
• In re Standard Jury Instructions IN Crim. Cases- Report NO. 2012-02
  113 So. 3d 754· Fla.· 2013-05-09 ·cited 8×
  The Florida Supreme Court authorized amendments to standard jury instructions for sexual offender and sexual predator registration crimes. The amendments clarify that post office boxes cannot satisfy the requirement to provide a physical residential address and that such addresse
• Gracia v. State
  98 So. 3d 1243· Fla. 3d DCA· 2012-10-10 ·cited 8×
  The court held that the usual rule of vacating the lesser offense conviction does not apply when it would result in an injustice due to sentencing discrepancies and legislative intent. The court vacated the possession conviction and affirmed the aggravated assault conviction.
• Olivera v. State
  92 So. 3d 924· Fla. 4th DCA· 2012-07-25 ·cited 8×
  Martin Olivera appealed his convictions for attempted home invasion robbery with a firearm and armed burglary of a dwelling with a battery, arguing they violated double jeopardy. The Florida Fourth District Court of Appeal agreed, holding that one offense was subsumed by the othe
• Devore L. Thomas v. State
  91 So. 3d 880· Fla. 5th DCA· 2012-06-15 ·cited 8×
  Devore Thomas appeals his conviction for aggravated battery, challenging a faulty jury instruction on attempted voluntary manslaughter—a lesser included offense. The appellate court reverses, holding that the defective instruction on the next-lower crime constitutes fundamental e
• Ernie Terrell Strain v. State
  77 So. 3d 796· Fla. 4th DCA· 2011-12-21 ·cited 8×
  Ernie Strain appealed his convictions for possession of a firearm by a convicted felon and possession of ammunition by a convicted felon, arguing that dual convictions violated the double jeopardy clause when the possessions occurred simultaneously. The Fourth District Court of A
• Kirkland v. State
  67 So. 3d 1147· Fla. 1st DCA· 2011-08-04 ·cited 8×
  Ronald Kirkland, prosecuted as an adult for crimes committed at age 15, appeals his convictions and 40-year sentence, arguing that the state attorney's decision to direct file in adult court rather than juvenile court violated his Sixth Amendment right to a jury trial under Appre
• Daniels v. State
  46 So. 3d 630· Fla. 3d DCA· 2010-10-20 ·cited 8×
  Habeas corpus petition denied where appellate counsel's failure to raise a Montgomery fundamental error claim caused no harm because the jury received a culpable negligence instruction providing an alternative conviction path.
• Castro Guerra v. State
  44 So. 3d 226· Fla. 3d DCA· 2010-09-22 ·cited 8×
  Florida appellate court affirmed a second-degree murder conviction, holding that instructing the jury on both intentional-act manslaughter and culpable-negligence manslaughter as lesser included offenses does not constitute fundamental error even if the instruction on intentional
• Leggett v. State
  34 So. 3d 51· Fla. 3d DCA· 2010-03-10 ·cited 8×
  The court, bound by precedent, denied the petition for review and certified direct conflict with another district's decision, despite the concurring judge's belief that the other district's reasoning was correct.
• Tilakia Beamon v. State
  23 So. 3d 209· Fla. 4th DCA· 2009-12-02 ·cited 8×
  Tilakia Beamon was convicted of organized scheme to defraud under Florida law for using a stolen debit card over one month in 28 transactions totaling over $1,500. The Fourth District Court of Appeal affirmed her conviction, holding that the month-long pattern of unauthorized car
• State v. Brooks
  17 So. 3d 1261· Fla. 2d DCA· 2009-09-23 ·cited 8×
  The trial court erred in granting a judgment of acquittal after a jury found the defendant guilty of child neglect, as substantial evidence supported the jury's finding of culpable negligence.
• Ward v. State
  12 So. 3d 920· Fla. 1st DCA· 2009-07-16 ·cited 8×
  The Florida appellate court reversed Ward's convictions for second-degree murder and attempted second-degree murder due to three instructional errors: a misleading jury instruction on the victim's right to use non-deadly force, an improper instruction on the forcible felony excep
• Marra v. State
  970 So. 2d 475· Fla. 5th DCA· 2007-12-14 ·cited 8×
  Michael Marra appeals his conviction for lewd and lascivious conduct with a minor, challenging whether the evidence established a French kiss as alleged in the information. The appellate court reverses, finding the evidence showed only an attempted French kiss, and remands for ad
• Chambers v. State
  965 So. 2d 376· Fla. 4th DCA· 2007-10-03 ·cited 8×
  Ryan Chambers appealed his conviction for burglary and attempted robbery, arguing that his confession was involuntary and coerced. The appellate court agreed that detectives' suggestion that Chambers could face murder charges unless he confessed constituted an improper promise no
• Brown v. State
  967 So. 2d 236· Fla. 3d DCA· 2007-08-15 ·cited 8×
  David Dwayne Brown appealed his convictions for two counts of first degree murder, one count of attempted first degree murder, and related firearm charges. The court affirmed his conviction for the murder of Eric Williams but reversed and remanded for new trial on the murders of
• State v. Wylie M. Vickery
  961 So. 2d 309· Fla.· 2007-07-05 ·cited 8×
  The Supreme Court of Florida consolidated three cases to address whether it has jurisdiction to review district court decisions that acknowledge conflict with other district courts but do not certify the conflict.
• Maxsony Coissy v. State
  957 So. 2d 53· Fla. 4th DCA· 2007-05-02 ·cited 8×
  The court held that a defendant's attorney may render ineffective assistance by failing to properly object to a jury instruction on a lesser included offense when the underlying information does not allege the necessary elements for that offense. An evidentiary hearing is require
• Wykiza L. Brock v. State
  954 So. 2d 87· Fla. 1st DCA· 2007-04-19 ·cited 8×
  Appellant was convicted of attempted sexual battery following a jury trial. The Florida appellate court reversed the conviction, holding that the trial court abused its discretion by instructing the jury on attempted sexual battery as a lesser-included offense when the evidence e
• Harris v. State
  935 So. 2d 1259· Fla. 5th DCA· 2006-08-18 ·cited 8×
  Cecil Ray Harris was convicted of resisting an officer without violence after a physical altercation with police officers at a bar. The Fifth District Court of Appeal affirmed the conviction on sufficiency of the evidence grounds, but reversed and remanded because the trial court
• Herrera v. State
  879 So. 2d 38· Fla. 4th DCA· 2004-06-23 ·cited 8×
  The court held that while the sexual battery conviction was valid, the simple battery conviction violated double jeopardy as it was based on the same acts as the sexual battery. The court also found that a detective's testimony about a shotgun, though improper, was cured by a jur