Lesser Included Offense

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

• Hall v. State
  261 So. 2d 521· Fla. 3d DCA· 1972-05-02 ·cited 8×
  Jimmy Hall was convicted by jury of two counts of grand larceny and sentenced to consecutive five-year terms. He appealed on six grounds, all of which the court rejected, affirming his conviction.
• Elwood Calvin Burger v. United States
  454 F.2d 723· 5th Cir.· 1972-01-24 ·cited 8×
  Separate penalties under different subsections of the Federal Bank Robbery Act are improper, even if concurrent.
• United States v. Butler
  455 F.2d 1338· D.C. Cir.· 1971-11-17 ·cited 8×
  The court held that the trial judge's jury instructions, while not strictly following Fuller, did not prejudice the defendant, and affirmed the conviction.
• Richardson v. State
  251 So. 2d 570· Fla. 4th DCA· 1971-08-13 ·cited 8×
  Willie Richardson was convicted of aggravated assault for shooting Sam Junior Stanley in a bar. The Florida District Court of Appeal, Fourth District affirmed the conviction, rejecting Richardson's arguments that the trial court erred in amending the information to include an ali
• United States v. Enoch Stanley Harvey
  439 F.2d 142· 3d Cir.· 1971-03-12 ·cited 8×
  The court held that the jury charge was clear and accurate, and the exclusion of identification witnesses was within the district court's discretion.
• COX v. State
  243 So. 2d 611· Fla. 3d DCA· 1971-01-26 ·cited 8×
  Richard Edward Cox challenges his convictions and sentences on remand following reversal of his initial convictions. The court reverses the life sentence for breaking and entering (previously five years) as violating the prohibition on increased punishment following successful ap
• Gagnon v. State
  243 So. 2d 219· Fla. 3d DCA· 1971-01-19 ·cited 8×
  The court held that the defendant's numerous grounds for appeal, including issues with counsel, speedy trial, identification, jury selection, lesser included offenses, prosecutorial comment, confrontation rights, and charge reduction, did not constitute reversible error.
• Austin v. Perini
  434 F.2d 752· 6th Cir.· 1970-11-27 ·cited 8×
  A voluntary guilty plea, entered with competent counsel, waives all non-jurisdictional defects, including claims of prior constitutional violations or coerced confessions.
• Johnson v. State
  236 So. 2d 473· Fla. 2d DCA· 1970-06-10 ·cited 8×
  The court held that the denial of the post-conviction motion was proper as the grounds raised did not establish a constitutional violation or prejudice.
• Laws v. State
  235 So. 2d 754· Fla. 4th DCA· 1970-05-22 ·cited 8×
  Albert Laws appeals his conviction for manslaughter after pleading guilty to a lesser included offense during trial. The Fourth District Court of Appeal reversed and remanded because the trial court failed to establish on the record that Laws's guilty plea was made voluntarily an
• Johnson v. State
  229 So. 2d 13· Fla. 4th DCA· 1969-12-10 ·cited 8×
  A defendant cannot be sentenced as a subsequent offender without being properly charged and having prior convictions proven in an adversary proceeding.
• United States v. Coppola
  425 F.2d 660· 2d Cir.· 1969-11-19 ·cited 8×
  The court held that 26 U.S.C. § 7201 is constitutional, as it requires proof of elements not present in lesser misdemeanor tax offenses.
• Yates v. United States
  384 F.2d 586· 5th Cir.· 1967-10-31 ·cited 8×
  The court held that the trial court did not err in refusing to instruct the jury on a lesser included offense because the evidence did not support such a charge. The court also held that Miranda warnings were not required as the defendant was not in custody.
• United States v. Talmage Alonzo AGY
  374 F.2d 94· 6th Cir.· 1967-03-16 ·cited 8×
  The court held that the appellant's statements were admissible because Miranda warnings only apply to in-custody interrogation, and the separate counts did not constitute multiple penalties for the same offense.
• Elwood Lamar Albright v. State
  191 So. 2d 65· Fla. 2d DCA· 1966-10-12 ·cited 8×
  Elwood Lamar Albright was convicted of armed robbery after a jury trial and appealed, arguing the trial court erred in denying his requests for continuance, voir dire examination, sanity hearing, and jury instruction on lesser included offense. The appellate court affirmed the co
• State v. Barnes
  182 So. 2d 260· Fla. 2d DCA· 1966-01-28 ·cited 8×
  The State appealed a trial court's grant of a new trial in a second-degree murder case where the jury convicted the defendant of third-degree murder. The appellate court held that while the trial judge properly instructed the jury on third-degree murder, the trial court did not a
• Tomlin v. State
  167 So. 2d 745· Fla. 2d DCA· 1964-10-02 ·cited 8×
  Willie Tomlin was convicted of manslaughter for shooting Roosevelt Moore in a juke joint. The Florida District Court of Appeal affirmed his conviction, rejecting his argument that photographic evidence of the victim's wounds was improperly admitted as inflammatory and unduly prej
• Hattie Alderman v. State
  167 So. 2d 635· Fla. 1st DCA· 1964-09-29 ·cited 8×
  The court held that the information charging the defendant with being interested in and connected with a lottery did not sufficiently apprise her of the lesser offense of selling lottery tickets.
• Joyner v. United States
  320 F.2d 798· D.C. Cir.· 1963-06-20 ·cited 8×
  A conviction for assault with intent to commit robbery is permissible even if not all forms of robbery charged necessarily include assault, provided the facts proven support the lesser offense.
• Stanley v. State
  124 So. 2d 743· Fla. 3d DCA· 1960-11-28 ·cited 8×
  The court held that the appellant's contentions were without merit and affirmed the conviction and sentence.
• United States v. Chavar Alec Harrison
  56 F. 4th 1325· 11th Cir.· 2023-01-10 ·cited 7×
  Georgia's robbery statute is divisible, and robbery by intimidation is a crime of violence under the Sentencing Guidelines.
• Smart v. State
  Fla. 1st DCA· 2019-11-08 ·cited 7×
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2018-04.
  257 So. 3d 370· Fla.· 2018-11-15 ·cited 7×
  The Florida Supreme Court authorized amendments to 14 standard jury instructions in criminal cases involving sexual offenses against minors, elderly persons, and disabled persons. The amendments clarify statutory definitions, reorder elements, update lesser-included offense table
• See Baynum v. State
  Del. Super. Ct.· 2018-04-16 ·cited 7×
  The court recommended denying the defendant's motion for postconviction relief. While the court found that trial counsel's failure to request a lesser included offense instruction and appellate counsel's failure to raise the issue of the detective's opinion testimony on appeal co
• Waymon Kirkland v. State
  225 So. 3d 920· Fla. 1st DCA· 2017-08-10 ·cited 7×
  Waymon Kirkland was convicted of aggravated battery with a deadly weapon and felony battery after a bench trial. The appellate court reversed the felony battery conviction, holding that it was fundamental error to convict him of felony battery when he was only charged with aggrav
• Poczatek v. State
  213 So. 3d 1065· Fla. 2d DCA· 2017-03-10 ·cited 7×
  Tyler Poczatek was convicted by jury of felony battery and aggravated child neglect for injuries sustained by his girlfriend's three-year-old son. The appellate court affirmed the felony battery conviction but reversed the aggravated child neglect conviction, finding insufficient
• Tambriz-Ramirez v. State
  213 So. 3d 920· Fla. 4th DCA· 2017-03-01 ·cited 7×
  Diego Tambriz-Ramirez was convicted of burglary with assault while armed, aggravated assault with a deadly weapon, and attempted sexual battery arising from a single criminal episode. The Fourth District Court of Appeal affirmed the denial of his postconviction motion challenging
• Knight v. State
  267 So. 3d 38· Fla. 1st DCA· 2016-07-28 ·cited 7×
  Arnold Knight was convicted of attempted second-degree murder for severely beating his former girlfriend with a hydraulic jack handle. On appeal, the court addressed whether an erroneous jury instruction on attempted voluntary manslaughter—which incorrectly included an intent-to-
• Jordan v. State
  176 So. 3d 920· Fla.· 2015-10-08 ·cited 7×
  Joseph Edward Jordan was convicted of first-degree felony murder and robbery with a firearm for brutally beating and robbing Keith Cope, then leaving him bound and gagged for three days, resulting in Cope's death from complications including gangrene and organ failure. The Florid
• Antorri Deshea Farrier v. State
  145 So. 3d 199· Fla. 5th DCA· 2014-08-15 ·cited 7×
  Court reversed convictions for aggravated assault with a firearm as subsumed into the greater offense of burglary of a dwelling with assault or battery with a firearm, affirming remaining convictions.
• Melendez v. State
  135 So. 3d 456· Fla. 5th DCA· 2014-03-21 ·cited 7×
  Hector Melendez appealed his conviction for burglary, grand theft, and dealing in stolen property, challenging the admission of hearsay statements from codefendants and his dual conviction for theft and dealing in stolen property. The Fifth District reversed the burglary convicti
• Vasquez v. State
  111 So. 3d 273· Fla. 2d DCA· 2013-04-17 ·cited 7×
  Donna Vasquez was convicted of RICO conspiracy and conspiracy to possess heroin based on her purchases of heroin from a criminal organization over a three-month period. The Florida Second District Court of Appeal affirmed the RICO conspiracy conviction but reversed the conspiracy
• Mueller v. State
  100 So. 3d 47· Fla. 2d DCA· 2011-09-16 ·cited 7×
  Robert Mueller was convicted of attempted second-degree murder, aggravated battery with a deadly weapon, and discharging a firearm in public after shooting at a drug dealer, firing at a home, and striking another person. The Florida Second District Court of Appeal reversed the at
• Griffin v. State
  69 So. 3d 344· Fla. 4th DCA· 2011-09-07 ·cited 7×
  The court held that vacating the adjudication on one count, by agreement of the state, resolved the alleged double jeopardy violation, and thus the convictions on the remaining counts were valid.
• Ignazio Abbate v. State
  82 So. 3d 886· Fla. 4th DCA· 2011-06-22 ·cited 7×
  Ignazio Abbate appeals the denial of his motion to withdraw his guilty plea to charges of second-degree arson and arson resulting in injury to another. The court reversed, finding that convictions on both charges violate the double jeopardy clause because second-degree arson is a
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2010-04
  53 So. 3d 1017· Fla.· 2011-01-06 ·cited 7×
  The Court authorizes the publication and use of the amended standard jury instruction for Felony Murder – First Degree, as proposed by the Committee.
• Middleton v. State
  41 So. 3d 357· Fla. 1st DCA· 2010-07-23 ·cited 7×
  Middleton sought post-conviction relief for ineffective assistance of counsel after his murder conviction. The court held that counsel's failure to inform him of his right to move for mistrial when a juror was improperly removed during deliberations constituted prejudice under St
• Contreras-Mayahua v. State
  40 So. 3d 861· Fla. 4th DCA· 2010-07-14 ·cited 7×
  The court held that the erroneous jury instruction on manslaughter did not constitute fundamental error because the defendant was convicted of the lesser offense, not the greater offense, thus the instruction could not have prejudiced him.
• Johnson v. State
  36 So. 3d 170· Fla. 3d DCA· 2010-06-02 ·cited 7×
  The court held that the trial court did not abuse its discretion in refusing to instruct the jury on the defense of independent act.
• Brown v. State
  18 So. 3d 1149· Fla. 4th DCA· 2009-09-23 ·cited 7×
  Marlon Miguel Brown was convicted of first-degree murder, false imprisonment, and carrying a concealed weapon. The Florida Fourth District Court of Appeal reversed his conviction and remanded for a new trial, finding that the State's prosecutorial closing argument improperly intr
• DE LA HOZ v. State
  997 So. 2d 1198· Fla. 3d DCA· 2008-12-24 ·cited 7×
  Felipe De La Hoz was convicted of second-degree murder for shooting his former employee Oscar Ruiz outside his feed store. The Florida District Court of Appeal reversed and remanded for a new trial due to fundamental jury instruction error regarding an inapplicable forcible felon
• Peer v. State
  983 So. 2d 34· Fla. 1st DCA· 2008-04-30 ·cited 7×
  Jeremy Peer was convicted of two counts of leaving the scene of an accident—one causing death and one causing injury—and sentenced to 12 years in prison. The appellate court reversed and vacated the conviction for leaving the scene causing injury as a double jeopardy violation an
• Nedd v. State
  965 So. 2d 1287· Fla. 2d DCA· 2007-10-17 ·cited 7×
  Michael Nedd was convicted of delivery of a controlled substance after an undercover drug transaction. The Florida Second District Court of Appeal reversed and remanded for a new trial because the trial court erred in refusing to instruct the jury on whether Nedd knew the substan
• Keys v. State
  949 So. 2d 1080· Fla. 2d DCA· 2007-01-31 ·cited 7×
  Eddie Keys was convicted of trespass and possession of burglary tools after being found near a vacant mobile home with screens removed and fresh pry marks on the back door. The appellate court affirmed the possession of burglary tools conviction but reversed the trespass convicti
• Detavioun D. Ingram v. State
  928 So. 2d 1262· Fla. 4th DCA· 2006-05-24 ·cited 7×
  The court held that convictions for both robbery with a deadly weapon and grand theft violate double jeopardy when the property taken is the basis for both charges.
• Sigler v. State
  881 So. 2d 14· Fla. 4th DCA· 2004-07-14 ·cited 7×
  Jay Sigler appealed his conviction for third-degree felony murder after this court previously mandated that conviction on remand. The court reversed course, holding that the jury's conviction for second-degree murder did not necessarily include a finding that Sigler committed the
• Green v. State
  828 So. 2d 462· Fla. 5th DCA· 2002-10-18 ·cited 7×
  Carl Green appeals his convictions for armed carjacking and burglary of a conveyance with assault, arguing they violate double jeopardy because burglary is subsumed within carjacking. The Florida Fifth District Court of Appeal affirms, holding that these crimes have distinct elem
• Young v. State
  827 So. 2d 1075· Fla. 5th DCA· 2002-10-11 ·cited 7×
  The court held that convictions for simple battery and violation of an injunction enjoining battery are barred by double jeopardy principles because the offenses are not separate under the Blockburger test and the battery offense is subsumed by the injunction violation.
• Lovett v. State
  781 So. 2d 466· Fla. 5th DCA· 2001-03-09 ·cited 7×
  Thomas Lovett appeals his convictions for carjacking and resisting arrest without violence. The court affirms, holding that Lovett's acceleration of a car while the victim was on the hood attempting to prevent theft constituted the use of force or violence required for carjacking
• Raford v. State
  792 So. 2d 476· Fla. 4th DCA· 2001-01-17 ·cited 7×
  Willie Raford was convicted of third-degree felony child abuse for striking an eight-year-old child with a belt, leaving visible welts. The Fourth District affirmed the conviction despite erroneous jury instructions on an uncharged offense, but reversed the multiple sentences imp