Lesser Included Offense

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

• Keel v. State
  438 So. 2d 850· Fla. 1st DCA· 1983-06-23 ·cited 8×
  William Keel was charged with attempted escape while lawfully confined. The trial court denied his motion to dismiss on the ground that attempted escape is a non-existent crime. The appellate court affirmed, holding that unlike grand theft, Florida's escape statute explicitly inc
• Levis Leon Aldridge v. Louie L. Wainwright
  433 So. 2d 988· Fla.· 1983-06-14 ·cited 8×
  The court held that the petitioner's claims regarding the application of legal principles, jury instructions, and the death sentencing scheme were without merit and did not warrant habeas corpus relief.
• Johnson v. State
  419 So. 2d 1144· Fla. 2d DCA· 1982-09-29 ·cited 8×
  A defendant cannot be convicted and sentenced for both manslaughter and vehicular homicide for a single death arising from the same incident.
• Sawyer v. State
  421 So. 2d 4· Fla. 3d DCA· 1982-09-21 ·cited 8×
  James Sawyer, a juvenile transferred to adult court, was convicted of battery on a law enforcement officer and resisting an officer with violence. The appellate court affirmed his convictions but vacated his sentence because the trial court failed to comply with mandatory juvenil
• The People OF THE Territory OF Guam v. Fejeran
  687 F.2d 302· 9th Cir.· 1982-09-15 ·cited 8×
  The court held that a defendant is entitled to a jury instruction on a lesser included offense if there is evidence that would permit a jury rationally to find him guilty of the lesser offense and acquit him of the greater. The court also held that the burden of proving extreme m
• Lewis v. State
  419 So. 2d 337· Fla.· 1982-09-02 ·cited 8×
  The Florida Supreme Court held that a trial court's failure to instruct the jury on minimum and maximum penalties for the primary offense charged constitutes harmless error when the defendant is convicted of a lesser included offense, as the penalty information could not have ben
• Gov't of Virgin Islands v. Brown
  685 F.2d 834· 3d Cir.· 1982-07-20 ·cited 8×
  The court held that the jury instructions for grand larceny were deficient due to ambiguity, requiring reversal and remand for a new trial. It also held that the evidence was insufficient for first-degree assault convictions, vacating those judgments and remanding for entry of co
• United States v. Taylor
  683 F.2d 18· 1st Cir.· 1982-07-19 ·cited 8×
  The court held that the warrantless search of the yacht was permissible due to abandonment and that the admission of photographs developed from negatives was not a Fourth Amendment violation.
• United States v. Bowman
  679 F.2d 798· 9th Cir.· 1982-06-17 ·cited 8×
  The court held that federal courts have jurisdiction to sentence an Indian defendant for a lesser included offense under the Major Crimes Act when the defendant requests and receives an instruction on that offense.
• State v. Davis
  411 So. 2d 1354· Fla. 3d DCA· 1982-04-06 ·cited 8×
• Krantz v. State
  405 So. 2d 211· Fla. 3d DCA· 1981-10-13 ·cited 8×
  The court reversed convictions for aggravated assault and second-degree murder, holding that the trial court's failure to compel a material defense witness's attendance and the destruction of a potential murder weapon mandated a new trial.
• State v. Pitts
  400 So. 2d 549· Fla. 3d DCA· 1981-06-30 ·cited 8×
  The State appealed an order arresting a defendant's conviction on a possession of firearm charge, arguing the jury verdicts were not legally inconsistent. The Third District Court of Appeal reversed, holding that acquittal on aggravated battery and conviction on possession while
• United States v. Willis
  647 F.2d 54· 9th Cir.· 1981-06-05 ·cited 8×
  The court held that the district court's refusal to permit cross-examination of a government witness regarding his bias violated the defendant's Sixth Amendment right to confront witnesses against him, requiring reversal of both convictions.
• Dunn v. State
  397 So. 2d 748· Fla. 2d DCA· 1981-04-29 ·cited 8×
  The court held that the trial judge's question about whether the defendant wished to make a statement was not an improper comment on his right to remain silent, and that the refusal to instruct the jury on aggravated assault was proper.
• Sykes v. State
  397 So. 2d 991· Fla. 1st DCA· 1981-04-22 ·cited 8×
  George Washington Sykes was convicted of attempted grand theft after a jury instruction on attempt, but the appellate court held that no such offense exists under Florida law because the crime of grand theft statutorily includes the act of attempting to obtain property. The court
• Lonberger v. Jago
  635 F.2d 1189· 6th Cir.· 1980-12-01 ·cited 8×
  The court held that the state failed to demonstrate that the petitioner's prior guilty plea was knowingly and voluntarily made, rendering the conviction constitutionally invalid for sentencing enhancement purposes. However, the court found that the single-stage trial procedure, a
• Tucker v. State
  388 So. 2d 6· Fla. 3d DCA· 1980-09-11 ·cited 8×
• State v. Kirkland
  384 So. 2d 1328· Fla. 3d DCA· 1980-06-24 ·cited 8×
  Florida's highest appellate court affirmed the dismissal of a first-degree murder indictment against a juvenile defendant based on double jeopardy protections, holding that prosecuting the defendant for felony-murder after he had already pleaded nolo contendere to the underlying
• McINTIRE v. State
  381 So. 2d 1154· Fla. 5th DCA· 1980-02-27 ·cited 8×
  Appellant's felony conviction for delivery of cannabis in excess of five grams was reversed and remanded for entry of a misdemeanor conviction for delivery of not more than five grams because, under the retroactively applied Purifoy standard excluding both stems and stalks from w
• Hearns v. State
  378 So. 2d 70· Fla. 3d DCA· 1979-12-18 ·cited 8×
  Jim Hearns appeals his convictions for six offenses arising from a single criminal episode, challenging the imposition of separate sentences for each count. The court affirmed most convictions and sentences but reversed the separate sentence for display of a deadly weapon, findin
• Grange v. State
  371 So. 2d 723· Fla. 1st DCA· 1979-06-15 ·cited 8×
  The court held that the conviction for the lesser offense under count one was improper because it was not a lesser included offense of the greater charge. The conviction under count one is vacated.
• Purvis v. State
  370 So. 2d 32· Fla. 2d DCA· 1979-03-23 ·cited 8×
  A defendant cannot be sentenced for both a greater offense and a lesser-included offense based on the same evidence.
• State v. Paffy
  369 So. 2d 340· Fla.· 1979-03-22 ·cited 8×
  A court need not instruct the jury on lesser offenses based on lesser values when the value of property involved is not in dispute and exceeds the threshold for the greater offense.
• Hayes v. State
  368 So. 2d 374· Fla. 4th DCA· 1979-02-14 ·cited 8×
  Thomas Hayes was convicted of both first-degree murder and sexual battery arising from the same fatal assault on an elderly woman. The court reversed the sexual battery conviction as a lesser included offense of murder, but affirmed the murder conviction and rejected Hayes's clai
• United States v. Lamartina
  584 F.2d 764· 6th Cir.· 1978-08-30 ·cited 8×
  The court held that the defendant was entitled to a jury instruction on the lesser included offense of theft of property valued under $100, and that the sentence imposed should be vacated and the case remanded for resentencing.
• Stanfill v. State
  360 So. 2d 128· Fla. 1st DCA· 1978-06-23 ·cited 8×
  The court held that Section 316.027, Florida Statutes, as written, charges only one crime, a felony for willfully leaving the scene of an accident involving injury or death, and that prior interpretations to the contrary were erroneous. A charge of "unlawfully" leaving the scene,
• Wagner v. State
  356 So. 2d 867· Fla. 4th DCA· 1978-03-21 ·cited 8×
  The court held that the trial court erred by failing to instruct the jury on lesser included offenses, and this error was not harmless.
• Ferber v. State
  353 So. 2d 1256· Fla. 2d DCA· 1978-01-13 ·cited 8×
  Ferber was charged with larceny by a public servant under Florida law. After the jury failed to return verdicts on two counts, the trial judge instructed the jury to pick between guilty verdicts on those counts, which the appellate court found to be improper judicial direction th
• People of the United States ex rel. John J. Rooney v. Housewright
  568 F.2d 516· 7th Cir.· 1977-12-05 ·cited 8×
  The dissenting judge holds that the defendant was deprived of a fair trial due to the exclusion of evidence regarding the deceased's reputation for violence and the improper emphasis on the defendant's silence to police.
• Stevens v. State
  351 So. 2d 1077· Fla. 3d DCA· 1977-11-01 ·cited 8×
  Curtis Stevens and Aldrian Cook were convicted of robbery, conspiracy, and related crimes following a 1975 Publix supermarket robbery. On appeal, the court reversed Cook's robbery conviction due to the trial court's failure to instruct the jury on lesser included offenses as mand
• Huff v. State
  350 So. 2d 123· Fla. 2d DCA· 1977-09-28 ·cited 8×
  John Huff was convicted of robbery with a deadly weapon using a closed pocketknife and sentenced to life imprisonment as a habitual felony offender. The court reversed and remanded because the trial judge erred by refusing to instruct the jury on robbery with a weapon, a necessar
• United States v. Crow
  560 F.2d 386· 8th Cir.· 1977-08-10 ·cited 8×
  The court held that tribal courts and federal district courts are not adjudicatory arms of the same sovereign for double jeopardy purposes.
• Jenkins v. State
  349 So. 2d 1191· Fla. 4th DCA· 1977-08-02 ·cited 8×
  Leo Jenkins was convicted of aggravated assault and carrying a concealed weapon without a license. The Fourth District Court of Appeal reversed both convictions, holding that the trial court erred by excluding evidence of the alleged victim's prior assault on Jenkins two days ear
• Randall v. State
  346 So. 2d 1233· Fla. 3d DCA· 1977-06-14 ·cited 8×
  The appellate court affirmed the convictions and sentences of the appellant, finding no merit in his arguments regarding his absence from a charge conference, the denial of lesser included offense instructions, multiple sentences for a single transaction, or ineffective assistanc
• State v. Jefferson
  347 So. 2d 427· Fla.· 1977-06-09 ·cited 8×
  The Florida Supreme Court reversed a Fourth District Court of Appeal decision that had overturned a first-degree murder conviction for robbery-related homicide, holding that the trial court did not commit reversible error by failing to instruct the jury on second-degree felony mu
• Gov't of the Virgin Islands v. Parrilla
  550 F.2d 879· 3d Cir.· 1977-02-16 ·cited 8×
  The court held that a trial judge is not in error for failing to give a lesser included offense instruction that was not requested by the defendant.
• Zygadlo v. State
  341 So. 2d 1053· Fla. 1st DCA· 1977-01-28 ·cited 8×
  The court held that the trial court did not err in denying the defendant's request to remove leg shackles during trial, but erred in imposing a consecutive sentence for use of a firearm during the robbery.
• United States v. Norfleet Lee Carter
  540 F.2d 753· 4th Cir.· 1976-09-02 ·cited 8×
  The court held that the district court erred by refusing to instruct the jury on the lesser included offense of bank larceny when the evidence presented a disputed factual issue regarding the use of force or intimidation.
• Woody Floyd Taylor v. State
  330 So. 2d 44· Fla. 1st DCA· 1976-04-08 ·cited 8×
• Tillman v. State
  329 So. 2d 370· Fla. 2d DCA· 1976-03-31 ·cited 8×
  Appellant's conviction for grand larceny under Count I is vacated and reduced to petit larceny because the information failed to allege the property value exceeded $100, and the firearm conviction sentence is vacated as a lesser included offense of the robbery conviction.
• Webb Parker v. State
  330 So. 2d 148· Fla. 2d DCA· 1976-02-20 ·cited 8×
  The appellate court affirmed a conviction for assault with intent to commit first degree murder, finding the evidence legally sufficient and rejecting the argument that the trial court erred in refusing to instruct on assault with intent to commit second degree murder.
• State v. Junior H. Thornton
  327 So. 2d 227· Fla.· 1976-02-11 ·cited 8×
  The Florida Supreme Court reviewed a First District Court of Appeal decision that reversed a conviction for possession and delivery of marijuana over five grams. The Court held that while the evidence was insufficient for the greater charge, it supported conviction for the lesser
• Dowis v. State
  326 So. 2d 196· Fla. 4th DCA· 1976-02-06 ·cited 8×
  Appellant was convicted of breaking and entering a dwelling with intent to commit assault and battery. The Florida District Court of Appeal reversed and remanded because the State failed to prove the essential element of intent to commit the misdemeanor, though it had proven the
• Augustus Campbell v. State
  306 So. 2d 482· Fla.· 1975-01-08 ·cited 8×
  The court held that the trial court erred in failing to define 'culpable negligence' when the jury requested further instructions on manslaughter, and this error was not harmless.
• Terry v. State
  302 So. 2d 142· Fla. 1st DCA· 1974-10-22 ·cited 8×
  Terry was convicted by jury of aggravated assault after being charged with assault with intent to commit murder in the first degree. The appellate court reversed, holding that the trial court erred in refusing to instruct the jury on the penalties for various crimes and certifyin
• Whilden v. State
  301 So. 2d 35· Fla. 1st DCA· 1974-10-03 ·cited 8×
  Whilden was convicted of an offense that does not exist in law—"breaking and entering or entering without breaking with intent to commit a misdemeanor." The appellate court affirmed the conviction's validity while remanding to enter judgment on the lesser included offense the jur
• United States v. Burton Gene Brierly
  501 F.2d 1024· 8th Cir.· 1974-08-16 ·cited 8×
  The court held that an accomplice's assertion of the Fifth Amendment privilege on cross-examination does not require striking his direct testimony if the questions relate to collateral matters or impeachment, and there is no substantial danger of prejudice.
• United States v. Butler
  499 F.2d 1006· D.C. Cir.· 1974-04-16 ·cited 8×
  The dissenting judge believes the court should affirm the conviction and not remand the case for further proceedings regarding potentially missing evidence.
• Ashley v. State
  292 So. 2d 616· Fla. 2d DCA· 1974-04-03 ·cited 8×
  A defendant cannot be convicted of a separate offense with which they were not charged.
• Dean v. State
  265 So. 2d 15· Fla.· 1972-06-14 ·cited 8×
  Joe Kenneth Dean was convicted of forcible rape and sentenced to life imprisonment, then committed as a mentally disordered sex offender under Florida law, which suspended his sentence. The Florida Supreme Court affirmed his conviction, rejecting constitutional challenges to the