Lesser Included Offense

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

• State v. Warren
  558 So. 2d 55· Fla. 2d DCA· 1990-01-19 ·cited 8×
  The State of Florida appeals the trial court's dismissal of an information charging defendants with keeping a house of ill fame under section 796.01, Florida Statutes, on vagueness grounds. The appellate court reverses, holding that "prostitution" and "lewdness" are not unconstit
• Campbell v. State
  558 So. 2d 34· Fla. 1st DCA· 1989-12-14 ·cited 8×
  Stanley Campbell was convicted of armed trafficking in cocaine based on a reverse sting operation. The First District affirmed the conviction but reversed the sentencing, finding all five departure reasons invalid because they either relied on prior arrests without convictions, w
• Campaneria v. Reid
  891 F.2d 1014· 2d Cir.· 1989-12-12 ·cited 8×
  The dissenting judge would reverse the district court's denial of habeas corpus, finding the admission of an unconstitutionally obtained tape recording was not harmless error.
• Reddick v. State
  554 So. 2d 564· Fla. 3d DCA· 1989-12-12 ·cited 8×
  Angelo Reddick appealed his convictions for first degree murder, attempted first degree murder, shooting into an occupied dwelling, and possession of a firearm during the commission of a felony. The Florida District Court of Appeal affirmed the murder and attempted murder convict
• Doyle J. Williams v. Armontrout
  891 F.2d 656· 8th Cir.· 1989-12-07 ·cited 8×
  The court vacated its prior panel opinion and granted rehearing en banc, indicating a reconsideration of the case.
• United States v. Paul Lochmondy (88-2049)
  890 F.2d 817· 6th Cir.· 1989-11-28 ·cited 8×
  The court held that the government's elicitation of testimony regarding a cooperating witness's past cooperation and convictions, and the use of codefendants' guilty pleas, were permissible for impeachment and credibility assessment, not as substantive evidence of guilt. The cour
• Jefferson v. State
  549 So. 2d 222· Fla. 1st DCA· 1989-09-21 ·cited 8×
  Richard Jefferson, a deputy sheriff, was convicted of trafficking in cocaine after he briefly handled and sampled a bag of cocaine during an undercover sting operation. The Florida First District Court of Appeal reversed the trafficking conviction, holding that Jefferson's tempor
• Harrison Porterfield v. State
  553 So. 2d 186· Fla. 1st DCA· 1989-09-20 ·cited 8×
• Chambers v. Armontrout
  885 F.2d 1318· 8th Cir.· 1989-09-15 ·cited 8×
  The court held that trial counsel's decision not to interview or call a witness was a reasonable strategic decision, not constituting ineffective assistance of counsel.
• Denmark v. State
  544 So. 2d 266· Fla. 1st DCA· 1989-05-17 ·cited 8×
  On motion for rehearing, the First District Court of Appeal affirmed its original decision in Denmark's appeal, rejecting the State's argument that the Florida Supreme Court's decision in State v. McKinnon required reconsideration. The court distinguished Denmark's case from McKi
• State v. Glenn
  545 So. 2d 903· Fla. 4th DCA· 1989-03-29 ·cited 8×
  The court held that sentencing on both purchase and possession of cocaine was error as possession is a lesser-included offense, and that the trial court erred by not providing written reasons for a downward sentencing departure.
• United States v. Linn
  862 F.2d 735· 9th Cir.· 1988-11-30 ·cited 8×
  The court held that the warrantless search of the appellant's vehicle was lawful under the automobile exception due to probable cause, and that the evidence was sufficient to support his conviction for unlawful use of a communications facility.
• United States v. Hogan
  861 F.2d 312· 1st Cir.· 1988-11-15 ·cited 8×
  The court held that the indictment sufficiently charged felony tax evasion, a tax assessment is not always required for conviction, and the jury instructions were proper.
• Beltran v. State
  530 So. 2d 1045· Fla. 3d DCA· 1988-09-06 ·cited 8×
  Felipe Beltran was convicted of manslaughter in connection with the first-degree murder of Miguel Perez, after charges related to a separate June 9 robbery and attempted murder of the same victim were misjoined with the June 10 murder charge. The court held that the misjoinder wa
• The People OF the Territory OF Guam v. Ignacio
  852 F.2d 459· 9th Cir.· 1988-07-21 ·cited 8×
  The court held that the indictment stated an offense because it alleged a conspiracy continuing after the effective date of the statute, and that the trial court did not err in failing to instruct on lesser included offenses as there was no rational basis for such a conviction.
• Bradshaw v. State
  528 So. 2d 473· Fla. 1st DCA· 1988-07-08 ·cited 8×
  Eric Dwayne Bradshaw appeals his convictions for second degree murder, possession of a firearm during felony commission, and attempted first degree murder. The court reverses in part, finding that the firearm possession charge became a lesser included offense after application of
• Flarity v. State
  527 So. 2d 295· Fla. 5th DCA· 1988-06-23 ·cited 8×
• United States v. Krzyske
  836 F.2d 1013· 6th Cir.· 1988-03-09 ·cited 8×
  The court held that the defendant was properly allowed to proceed to trial pro se, that the jury instructions on willfulness were not erroneous, and that the jury was correctly instructed not to consider jury nullification.
• Bongiorno v. State
  523 So. 2d 644· Fla. 2d DCA· 1988-03-09 ·cited 8×
  The court held that the amended information charging battery was not a continuation of the original information, and thus the statute of limitations had run.
• Johnson v. State
  517 So. 2d 792· Fla. 3d DCA· 1988-01-12 ·cited 8×
  Christopher Johnson was convicted by jury of third-degree murder and grand theft, and sentenced to 15 years imprisonment. On appeal, Johnson challenged the trial court's allowance of prosecution commentary on his failure to call a witness and the imposition of an enhanced sentenc
• Hill v. Kemp
  833 F.2d 927· 11th Cir.· 1987-12-07 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding no constitutional violations in the trial court's rulings on Miranda, lesser included offenses, sufficiency of evidence, or jury instructions.
• United States v. Grubbs
  829 F.2d 18· 8th Cir.· 1987-09-16 ·cited 8×
  The court held that a conspiracy conviction is a lesser included offense of a continuing criminal enterprise (CCE) conviction, and multiple punishments for both violate double jeopardy, even with concurrent sentences due to mandatory special assessment fees. The court also held t
• Brown v. State
  511 So. 2d 1116· Fla. 2d DCA· 1987-09-04 ·cited 8×
  The court held that the evidence presented was legally insufficient to support a conviction for manslaughter by culpable negligence.
• Jewel May Daophin v. State
  511 So. 2d 1037· Fla. 4th DCA· 1987-08-05 ·cited 8×
  Possession of cocaine is a category 1 lesser included offense of trafficking in cocaine.
• Hoover v. State
  511 So. 2d 629· Fla. 1st DCA· 1987-07-21 ·cited 8×
  The court reversed a thirty-year sentence imposed after the defendant pleaded nolo contendere to sexual battery of a child over age eleven, holding that the trial court committed fundamental error by accepting a plea to an offense that the undisputed evidence proved the defendant
• Ostrowski v. State
  509 So. 2d 1246· Fla. 2d DCA· 1987-07-08 ·cited 8×
  Robert Ostrowski appealed his convictions for battery on a law enforcement officer and resisting an officer with violence, challenging both the propriety of dual convictions and the trial court's departure from sentencing guidelines. The appellate court affirmed the convictions b
• United States ex rel. Edward Weismiller v. Lane
  815 F.2d 1106· 7th Cir.· 1987-03-30 ·cited 8×
  The court held that challenges to jury instructions were procedurally barred due to a state procedural default, and direct challenges to the Illinois Guilty But Mentally Ill (GBMI) statutes were without merit.
• United States v. Harbour
  809 F.2d 384· 7th Cir.· 1987-01-12 ·cited 8×
  The court held that the trial court did not abuse its discretion in admitting evidence of prior misconduct to prove intent and in allowing cross-examination on related events, and that the defendants were properly sentenced under 18 U.S.C. § 641.
• Graydon v. State
  492 So. 2d 723· Fla. 1st DCA· 1986-07-22 ·cited 8×
  Graydon, an inmate, was convicted of battery upon a law enforcement officer and resisting an officer with violence. The appellate court affirmed the battery conviction but reversed the resisting conviction, finding that corrections officers are not protected under the resisting s
• Bennett v. Scroggy
  793 F.2d 772· 6th Cir.· 1986-06-19 ·cited 8×
  The Sixth Circuit held that the trial court's denial of a continuance to secure a witness violated the appellant's Sixth and Fourteenth Amendment rights, warranting a grant of habeas corpus relief.
• Crumley v. State
  489 So. 2d 112· Fla. 1st DCA· 1986-05-15 ·cited 8×
  The dissenting judge would hold that the defendant can be sentenced for both aggravated battery and battery on a law enforcement officer.
• Colley v. Sumner
  784 F.2d 984· 9th Cir.· 1986-03-12 ·cited 8×
  The dissenting judge concludes that the admission of Evelena Hohl's testimony was so unreliable and prejudicial as to deprive the defendant of a fair trial.
• Prentiss Simpson v. State
  479 So. 2d 314· Fla. 5th DCA· 1985-12-12 ·cited 8×
  Simpson appealed the summary denial of his post-conviction motion for relief based on claims of ineffective assistance of counsel at trial and appellate levels. The court reversed and remanded because the record was insufficient to summarily deny the claims under the Strickland s
• McMILLAN v. State
  478 So. 2d 1195· Fla. 4th DCA· 1985-12-04 ·cited 8×
  Defendant's grand theft conviction is affirmed, but his sentence is reversed because the trial court improperly considered charges of which he was acquitted when departing from sentencing guidelines.
• State v. O'Hara
  478 So. 2d 24· Fla.· 1985-09-12 ·cited 8×
  The Florida Supreme Court held that a defendant can be convicted of both extortion and grand theft for taking a single sum of money, provided neither crime is a necessarily lesser included offense of the other. The court reversed the district court's decision that had vacated the
• Garcia v. State
  476 So. 2d 170· Fla.· 1985-08-29 ·cited 8×
  The Florida Supreme Court answered a certified question of great public importance by holding that a defendant cannot be convicted of a necessarily lesser included offense after conviction of the greater crime, even if not sentenced. The court approved Garcia's convictions for bo
• Wilcott v. State
  472 So. 2d 1389· Fla. 1st DCA· 1985-08-01 ·cited 8×
  James Wilcott, an inmate, was convicted of unlawfully introducing or possessing contraband at a state correctional facility in violation of Florida Statutes section 944.47. Wilcott appealed, arguing the trial court erred by refusing to instruct the jury on misdemeanor marijuana p
• People OF the Territory OF Guam v. Snaer
  758 F.2d 1341· 9th Cir.· 1985-04-25 ·cited 8×
  The court held that Guam's custodial interrogation warning form adequately informed the defendant of his right to consult with counsel before questioning, and that the deadly weapon charge could be applied consecutively to the aggravated assault conviction.
• United States v. Head
  755 F.2d 1486· 11th Cir.· 1985-03-25 ·cited 8×
  The court affirmed the conviction, holding that the trial court did not err in admitting witness testimony, limiting cross-examination, admitting co-conspirator statements, or finding sufficient evidence for the convictions.
• Smith v. State
  464 So. 2d 1340· Fla. 1st DCA· 1985-03-15 ·cited 8×
  Ronald Melvin Smith appeals his first-degree murder conviction for arsenic poisoning in 1975. The court affirmed, holding that similar fact evidence of a prior attempted arsenic poisoning was properly admitted and that the trial court correctly refused to instruct the jury on tim
• Henriquez v. State
  463 So. 2d 1178· Fla. 4th DCA· 1984-12-28 ·cited 8×
  Keith Henriquez was convicted of battery on a law enforcement officer, resisting arrest with violence, failure to exhibit a driver's license, and reckless driving. The Florida District Court of Appeal held that resisting arrest with violence was a lesser included offense of batte
• Gitman v. State
  482 So. 2d 367· Fla. 4th DCA· 1984-10-28 ·cited 8×
  In consolidated appeals, Gitman and Bentley challenge their convictions for five counts of grand theft and one count of scheme to defraud involving their collection agency. The appellate court upholds the convictions based on sufficient evidence and rejects claims of instructiona
• United States v. Johnson
  741 F.2d 1338· 11th Cir.· 1984-09-18 ·cited 8×
  The amendment of an indictment to correct a misstatement of the bank's insurer from FDIC to FSLIC was a matter of form and thus proper, as it did not prejudice the defendant's defense or raise double jeopardy concerns.
• Reynolds v. State
  452 So. 2d 1018· Fla. 3d DCA· 1984-07-03 ·cited 8×
  Reynolds was convicted of aggravated assault with a firearm and display/use of a firearm during a felony. On appeal, he challenged whether he could be convicted of both offenses, the mandatory three-year sentence imposed, and claimed prosecutorial misconduct regarding his right t
• United States v. Leifried
  732 F.2d 388· 4th Cir.· 1984-04-19 ·cited 8×
  Convictions for individual drug trafficking offenses under 21 U.S.C. § 841(a)(1) are lesser included offenses of a continuing criminal enterprise conviction under 21 U.S.C. § 848 and must be vacated if the defendant is convicted of the greater offense.
• Mastro v. State
  448 So. 2d 626· Fla. 2d DCA· 1984-04-18 ·cited 8×
  The court reversed a conviction for vehicular homicide because vehicular homicide is not a proper lesser included offense of DWI manslaughter. The inclusion of vehicular homicide on the verdict form constituted reversible error requiring a new trial.
• Madry v. State
  448 So. 2d 8· Fla. 5th DCA· 1984-03-01 ·cited 8×
• Cyril Edwards v. E.W. Jones
  720 F.2d 751· 2d Cir.· 1983-11-01 ·cited 8×
  The court affirmed the denial of habeas corpus relief, finding that any constitutional error was harmless beyond a reasonable doubt, despite the concurring judge's disagreement with the application of the forfeiture rule.
• Garcia v. State
  439 So. 2d 328· Fla. 3d DCA· 1983-10-18 ·cited 8×
  Garcia was convicted of felony murder in the third degree based on underlying cocaine sale charges. The appellate court reversed the murder conviction, finding insufficient evidence of a causal connection between the underlying felony and the homicide, but affirmed conviction on
• United States v. Thunder
  714 F.2d 765· 8th Cir.· 1983-07-29 ·cited 8×
  The court held that admitting pretrial statements of nontestifying codefendants that incriminated each other in a joint trial violated the Sixth Amendment right to confrontation, and this error was not harmless.