Lesser Included Offense

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

• E.T.R. v. State
  873 So. 2d 571· Fla. 2d DCA· 2004-05-26 ·cited 8×
  The court held that the circumstantial evidence was insufficient to exclude all reasonable hypotheses of innocence, thus legally insufficient to sustain the adjudication for attempted burglary.
• Jorquera v. State
  868 So. 2d 1250· Fla. 4th DCA· 2004-03-24 ·cited 8×
  The court held that the trial court did not err in denying the motion to suppress, finding sufficient reasonable suspicion for the stop, and that the evidence was legally sufficient to support the conviction.
• Dowite James v. State
  845 So. 2d 996· Fla. 5th DCA· 2003-05-23 ·cited 8×
  The appellate court affirmed a conviction for manslaughter, holding that the defendant's failure to object to the manslaughter jury instruction at trial precluded appellate review of the claim that manslaughter was not a lesser included offense of second-degree felony murder, and
• Wilburn v. State
  840 So. 2d 384· Fla. 2d DCA· 2003-03-19 ·cited 8×
  Darryl Wilburn was convicted of aggravated assault with a firearm and shooting into an occupied vehicle. The appellate court affirmed the shooting conviction but reversed the aggravated assault conviction because the information charging him did not allege all elements of that of
• Beaudry v. State
  809 So. 2d 83· Fla. 5th DCA· 2002-02-22 ·cited 8×
  Barry Beaudry was convicted of grand theft of a motor vehicle and grand theft of $10,000 or more for stealing a car and its contents in a single taking. The appellate court reversed the second conviction, holding that the simultaneous taking of a car and its contents constitutes
• State v. Richars
  792 So. 2d 570· Fla. 4th DCA· 2001-07-18 ·cited 8×
  The appellate court dismissed the State's appeal because the trial court's reduction of a conviction to a lesser included offense under Rule 3.620, Florida Rules of Criminal Procedure, is not an appealable order under the relevant statute.
• Anthony v. LEE
  779 So. 2d 607· Fla. 2d DCA· 2001-02-28 ·cited 8×
  Anthony V. Lee appealed his convictions for resisting arrest with violence and battery, arguing ineffective assistance of counsel and improper prosecutorial comments. The court found that defense counsel was ineffective in requesting a jury instruction on resisting arrest with vi
• Allems Victor v. State
  774 So. 2d 722· Fla. 3d DCA· 2000-08-16 ·cited 8×
  Allems Victor appeals his conviction for armed carjacking and armed robbery, arguing the convictions violate double jeopardy. The Florida appellate court affirmed the dual convictions but vacated and remanded for resentencing due to a fundamental error in the sexual battery convi
• Germaine Brown v. State
  763 So. 2d 1190· Fla. 4th DCA· 2000-01-26 ·cited 8×
  Defendant Brown was convicted of sexual battery with threat of violence, false imprisonment, and simple assault as lesser included offenses after the jury acquitted him of the original charges of armed sexual battery, armed kidnapping, and attempted murder. The trial court impose
• F.N. v. State
  745 So. 2d 1149· Fla. 4th DCA· 1999-12-22 ·cited 8×
  In this juvenile delinquency appeal, the Fourth District Court of Appeal upheld a trial court's conviction of attempted aggravated battery with a deadly weapon, even though the delinquency petition charged only the completed offense. The court held that under Florida's juvenile p
• Ellis v. State
  744 So. 2d 583· Fla. 2d DCA· 1999-11-12 ·cited 8×
• Cuevas v. State
  741 So. 2d 1234· Fla. 5th DCA· 1999-10-01 ·cited 8×
  The court concurred specially, finding the issue difficult, and discussed the supreme court's reaffirmation that truly inconsistent verdicts on legally interlocking charges cannot stand, while factually inconsistent verdicts may.
• Sims v. State
  740 So. 2d 1256· Fla. 1st DCA· 1999-09-09 ·cited 8×
  The court held that a claim of ineffective assistance of counsel based on an improper jury instruction on a lesser included offense is sufficient to warrant further review if the indictment does not allege the necessary elements of that offense.
• Junior v. State
  763 So. 2d 1056· Fla. 4th DCA· 1999-06-16 ·cited 8×
  Dual convictions for strong armed robbery and grand theft arising from the same property violate double jeopardy protections.
• T.B. v. State
  732 So. 2d 1163· Fla. 1st DCA· 1999-04-16 ·cited 8×
  T.B., a juvenile, was adjudicated delinquent for false imprisonment (a lesser included offense of kidnapping) and driving without a valid license. The appellate court affirmed the adjudication on the basis that T.B. aided and abetted his brother's false imprisonment of a woman by
• Gantorius v. State
  693 So. 2d 1040· Fla. 3d DCA· 1997-05-14 ·cited 8×
  Gantorius appeals the denial of his motion to correct an illegal sentence, challenging whether the Florida Supreme Court's decision in State v. Iacovone—which held that enhanced penalties for attempted murder of a law enforcement officer apply only to attempted first-degree murde
• Lyons v. State
  690 So. 2d 695· Fla. 3d DCA· 1997-04-02 ·cited 8×
  The court held that a typographical error on a jury verdict form, which omitted the word 'armed' from a conspiracy charge, was immaterial and did not warrant postconviction relief.
• Duval v. State
  688 So. 2d 1002· Fla. 2d DCA· 1997-02-28 ·cited 8×
  Michelle Duval was convicted of robbery and other charges. On appeal, the Florida District Court of Appeal reversed her robbery conviction, finding that the trial court erred by refusing to instruct the jury on the lesser included offense of resisting a merchant.
• Wallace v. State
  688 So. 2d 429· Fla. 3d DCA· 1997-02-26 ·cited 8×
  The court held that the trial court erred by refusing to instruct the jury on reckless driving as a lesser included offense of aggravated assault.
• Mitchell v. State
  689 So. 2d 1118· Fla. 3d DCA· 1997-02-12 ·cited 8×
  Mitchell was convicted of manslaughter of a police officer and possession of a firearm by a convicted felon. The trial court enhanced his manslaughter conviction from second to first degree felony based on the jury's specific finding that he used a firearm, and sentenced him to l
• Williamson v. State
  671 So. 2d 281· Fla. 4th DCA· 1996-04-10 ·cited 8×
  The defendant was convicted of attempted first-degree murder under both attempted felony murder and attempted premeditated murder theories. After the Florida Supreme Court abolished attempted felony murder, the court reversed the convictions because it could not determine which t
• Gutierrez v. State
  665 So. 2d 294· Fla. 5th DCA· 1995-12-08 ·cited 8×
  George Gutierrez appeals his conviction for attempted third-degree murder following a shooting incident. The appellate court reversed the attempted murder conviction based on State v. Gray but affirmed his convictions for aggravated battery and shooting into a building.
• Fierro v. State
  653 So. 2d 447· Fla. 1st DCA· 1995-04-04 ·cited 8×
  Matthew Fierro was convicted of concealing a minor child in violation of a court order, false imprisonment, and firearm offenses. The court reversed the concealment conviction because it violated double jeopardy principles, as Fierro had previously been convicted of criminal cont
• Darrel Cummings v. State
  648 So. 2d 166· Fla. 4th DCA· 1994-11-16 ·cited 8×
  The court held that the trial court's erroneous and misleading jury instruction on excusable homicide constituted harmful error requiring reversal of the conviction.
• Beverley Foreshaw v. State
  639 So. 2d 683· Fla. 5th DCA· 1994-07-06 ·cited 8×
• Dorman v. State
  638 So. 2d 589· Fla. 3d DCA· 1994-06-21 ·cited 8×
  Richard Alan Dorman was convicted of attempted manslaughter and aggravated battery with a deadly weapon, and unlawful possession of a weapon while engaged in criminal offense. On appeal, Dorman challenged a prosecutor's closing argument comment as an impermissible reference to hi
• State v. Gray
  633 So. 2d 105· Fla. 2d DCA· 1994-03-11 ·cited 8×
  The court held that a conviction for a lesser included offense can be reclassified as a first-degree felony under section 775.087(1), Florida Statutes, even if the original charge was different.
• K.H. v. State
  620 So. 2d 1114· Fla. 5th DCA· 1993-07-02 ·cited 8×
  The court affirmed a juvenile's adjudication of delinquency by reducing the burglary charge to the lesser included offense of unlawful trespass, as the evidence lacked proof of intent to commit an offense within the dwelling.
• Baker v. State
  622 So. 2d 1333· Fla. 1st DCA· 1993-05-07 ·cited 8×
  Thomas Baker was convicted of burglary of a dwelling after being identified fleeing Robert Wilson's home on a bicycle moments after a burglar alarm sounded. On appeal, Baker challenged the denial of his motion to suppress identification evidence and his motion for judgment of acq
• Barron Thomas Thompson, Jr. v. State
  617 So. 2d 411· Fla. 2d DCA· 1993-04-21 ·cited 8×
  The court held that the defendant's double jeopardy argument lacked merit, but the sentences imposed were illegal departures from sentencing guidelines and statutory limits.
• United States v. Rodriguez-Garcia
  983 F.2d 1563· 10th Cir.· 1993-01-28 ·cited 8×
  The court held that the district court did not err in denying the motion to suppress evidence obtained through consent searches, admitting recorded conversations, refusing certain jury instructions, or applying the Sentencing Guidelines. The court also found no reversible error r
• United States v. Humphreys
  982 F.2d 254· 8th Cir.· 1992-12-07 ·cited 8×
  The court held that the district court did not err in denying the defendant's motions to suppress evidence, sever counts, transfer venue, or for a new trial based on juror disqualification, and that the jury instructions were adequate.
• Diaz v. State
  609 So. 2d 1337· Fla. 3d DCA· 1992-12-01 ·cited 8×
  Police officer Alberto Diaz was convicted of official misconduct for falsifying an arrest report after being acquitted of battery charges in a first trial. The appellate court affirmed, holding that the state could introduce evidence of the prior acquitted conduct in the second t
• Lavelle Nixon v. State
  603 So. 2d 660· Fla. 3d DCA· 1992-08-11 ·cited 8×
  Defendant Nixon was convicted of second-degree attempted murder, armed robbery, and unlawful firearm possession. The appellate court reversed the attempted murder and firearm possession convictions due to incomplete jury instructions on justifiable and excusable homicide, but aff
• United States v. McGILL
  964 F.2d 222· 3d Cir.· 1992-05-13 ·cited 8×
  The court held that the defendant's deposit of funds subject to IRS levy into a personal account, while under criminal investigation for tax evasion, could constitute an affirmative act of evasion under 26 U.S.C. § 7201.
• United States v. Lucas
  963 F.2d 243· 9th Cir.· 1992-04-28 ·cited 8×
  The court held that the defendant's Fifth Amendment rights were violated when he was interrogated by the FBI after requesting counsel, and that this error was not harmless. The court affirmed the denial of the motion for acquittal and the jury instructions.
• Paris Hoyt Carriger v. Lewis
  948 F.2d 588· 9th Cir.· 1991-11-04 ·cited 8×
  The court held that the district court's orders granting summary judgment and refusing to vacate it are affirmed, while its subsequent Rule 60(b) orders are vacated for want of jurisdiction, and the second habeas petition is dismissed.
• Cobb v. State
  586 So. 2d 1298· Fla. 2d DCA· 1991-10-02 ·cited 8×
  Terry Levon Cobb, a juvenile, was convicted of three counts of armed robbery. The court reversed his conviction on count I (robbery of a vehicle) because the taking of the car and keys constituted a single offense, and remanded for resentencing after the trial court failed to mak
• United States v. Henson
  945 F.2d 430· 1st Cir.· 1991-09-25 ·cited 8×
  The court held that the appellant's convictions for bank robbery were supported by sufficient evidence and that his claims regarding the Interstate Agreement on Detainers Act, Speedy Trial Act, and constitutional speedy trial rights lacked merit.
• Jones v. Jones
  938 F.2d 838· 8th Cir.· 1991-07-09 ·cited 8×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on claims of jury discrimination, prosecutorial misconduct, inconsistent verdicts, and ineffective assistance of counsel.
• United States v. Edmond Leon Leopard
  936 F.2d 1138· 10th Cir.· 1991-06-26 ·cited 8×
  The court held that the evidence was sufficient to convict the defendant of attempting to manufacture methamphetamine, the sentence was calculated correctly under the guidelines, the evidence seized from the pickup was admissible, and a lesser included offense instruction was not
• Spurlock v. The Honorable Michael F. Cycmanick
  584 So. 2d 1015· Fla. 5th DCA· 1991-06-20 ·cited 8×
  Anthony Spurlock sought a writ of prohibition to prevent trial on a felony aggravated battery charge, arguing that a prior dismissal of misdemeanor battery charges on speedy trial grounds barred prosecution for the greater offense based on the same conduct. The Florida Fifth Dist
• United States v. Muldoon
  931 F.2d 282· 4th Cir.· 1991-04-30 ·cited 8×
  The court affirmed the conviction, holding that the wiretap evidence was properly admitted, the voir dire was adequate, the evidence supported a bribery conviction, and the sentencing was appropriate.
• Thigpen v. Thigpen
  926 F.2d 1003· 11th Cir.· 1991-02-26 ·cited 8×
  The court affirmed the district court's denial of the habeas corpus petition, holding that the admission of evidence of the defendant's prior murder conviction and death sentence did not render his trial fundamentally unfair.
• Quinten Cleveland v. State
  574 So. 2d 289· Fla. 5th DCA· 1991-02-14 ·cited 8×
  The court held that convictions for attempted armed robbery with a firearm and use of a firearm in the commission of a felony do not violate double jeopardy.
• Dolinsky v. State
  576 So. 2d 271· Fla.· 1991-01-18 ·cited 8×
  Raymond Dolinsky was convicted of two counts of second-degree murder and one count of first-degree murder in a drug transaction robbery that resulted in three deaths. The Florida Supreme Court affirmed his convictions but vacated his death sentence, finding the trial court improp
• Hill v. Black
  920 F.2d 249· 5th Cir.· 1990-12-14 ·cited 8×
  The court held that the Supreme Court's decision in Clemons v. Mississippi does not apply retroactively to this case, and the trial court did not err in refusing to instruct the jury on lesser included offenses.
• Pitts v. A.L. Lockhart
  911 F.2d 109· 8th Cir.· 1990-08-10 ·cited 8×
  The court held that a state prisoner's claim that his conviction violates a state supreme court interpretation of a state statute is not cognizable in federal habeas corpus. It also held that the failure to instruct on a lesser included offense in a noncapital case, and the use o
• Sullivan v. State
  562 So. 2d 813· Fla. 1st DCA· 1990-06-01 ·cited 8×
  Sullivan was convicted of vehicular homicide and leaving the scene of an accident. The appellate court affirmed his conviction but reversed his sentencing, holding that the trial court erred in enhancing the vehicular homicide charge from a third-degree to a second-degree felony
• Carver v. State
  560 So. 2d 258· Fla. 1st DCA· 1990-03-26 ·cited 8×
  Donald Carver appeals his conviction and sentence for armed kidnapping and two counts of aggravated assault with a firearm. The Florida District Court of Appeal affirms, rejecting his arguments that aggravated assault is a necessarily lesser included offense of kidnapping, that t