Lesser Included Offense

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

• Osorio v. State
  746 So. 2d 490· Fla. 2d DCA· 1999-10-15 ·cited 7×
  Wilson Osorio was convicted of third-degree murder and sentenced to 230 months imprisonment. The Florida appellate court reversed his sentence, holding that the trial court improperly reclassified the offense as a level 9 felony under section 775.087(1) when the use of a firearm
• State v. Vesquez
  755 So. 2d 674· Fla. 4th DCA· 1999-06-30 ·cited 7×
  A trial judge lacks jurisdiction to sentence a defendant for a lesser included offense without the explicit consent of the prosecuting attorney, even if the state does not object at the sentencing hearing.
• State v. Witcher
  737 So. 2d 584· Fla. 1st DCA· 1999-06-25 ·cited 7×
  The court held that the county court had jurisdiction to accept the defendant's guilty plea to misdemeanor DUI, and double jeopardy barred subsequent prosecution for felony DUI arising from the same incident.
• Generazio v. State
  727 So. 2d 333· Fla. 4th DCA· 1999-02-17 ·cited 7×
  Kenneth Generazio appeals his conviction for capital sexual battery, arguing the trial court erred by admitting evidence of collateral bad acts and failing to instruct the jury on battery as a lesser included offense. The Fourth District Court of Appeal affirms the conviction, ap
• Brady v. State
  700 So. 2d 471· Fla. 5th DCA· 1997-10-24 ·cited 7×
  The court affirmed a conviction for two counts of attempted murder arising from a single shot, applying the doctrine of transferred intent to the unintended victim, even though the defendant's specific intent was to kill the intended victim.
• Carliss Johnson v. State
  682 So. 2d 215· Fla. 5th DCA· 1996-11-01 ·cited 7×
  The court held that the trial court erred in allowing testimony vouching for the victim's credibility, requiring a new trial, and that there was insufficient evidence of familial or custodial authority for certain convictions.
• United States v. Harvey
  78 F.3d 501· 11th Cir.· 1996-03-21 ·cited 7×
  William J. Harvey, Jr. was convicted in Michigan of conspiracy to distribute cocaine involving a 1986 Sebastian Inlet importation, then prosecuted in Florida for engaging in a continuing criminal enterprise based partly on the same Sebastian Inlet importation. The Eleventh Circui
• Sanders v. State
  654 So. 2d 1279· Fla. 2d DCA· 1995-05-19 ·cited 7×
  Robbery conviction reversed because jury should have been instructed on the lesser included offense of resisting a merchant, which became a standalone charge under the 1992 amendment to Florida Statutes section 812.015(6).
• Handy Watkins v. State
  632 So. 2d 184· Fla. 3d DCA· 1994-02-15 ·cited 7×
  The defendant was convicted of aggravated battery as a lesser-included offense to a second-degree murder charge. The court reversed because the jury instruction on aggravated battery lacked support in the accusatory pleading, violating the requirement that both the pleading and e
• Shaude Moody v. State
  597 So. 2d 839· Fla. 5th DCA· 1992-03-20 ·cited 7×
  Shaude Moody was convicted of aggravated assault following trial for aggravated battery. The court reversed his conviction, holding that aggravated assault is not a lesser included offense of aggravated battery and cannot be submitted to a jury when the defendant was not charged
• Foster v. State
  596 So. 2d 1099· Fla. 5th DCA· 1992-03-06 ·cited 7×
  Foster was convicted of both robbery and aggravated battery arising from a single incident where he and an accomplice attacked a victim to steal his wallet, causing a shattered elbow. The court upheld the dual convictions against a double jeopardy challenge, holding that robbery
• Edwards v. Butler
  882 F.2d 160· 5th Cir.· 1989-09-01 ·cited 7×
  The court affirmed the denial of the habeas petition, finding no constitutional violations in the state court proceedings.
• Barritt v. State
  517 So. 2d 65· Fla. 1st DCA· 1987-12-15 ·cited 7×
  Anthony Barritt was convicted of vehicular homicide and leaving the scene of an accident resulting in death. The Florida First District Court of Appeal reversed because the trial court erred in refusing to give a jury instruction on reckless driving as a necessarily lesser includ
• Regonal George v. State
  509 So. 2d 972· Fla. 5th DCA· 1987-07-02 ·cited 7×
  Regional George appealed his conviction for attempted first-degree felony murder, burglary with assault, attempted armed robbery, shooting within a building, and firearm-related offenses arising from a single criminal episode at a motel. The court affirmed his convictions and sen
• United States v. Kabat
  797 F.2d 580· 8th Cir.· 1986-07-22 ·cited 7×
  The court denied the petition for rehearing, both en banc and by the panel.
• Brunelle v. State
  456 So. 2d 1324· Fla. 4th DCA· 1984-10-10 ·cited 7×
  The admission of hearsay testimony from a father regarding his son's prior consistent statement, offered to corroborate the son's trial testimony, was reversible error.
• Griffin v. State
  447 So. 2d 875· Fla.· 1984-03-16 ·cited 7×
  Kenneth Griffin, sentenced to death on two counts of first-degree murder, appealed a circuit court's denial of his post-conviction relief motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial, finding that Griffin failed to demonstrate constitut
• Marshall v. State
  413 So. 2d 872· Fla. 3d DCA· 1982-05-18 ·cited 7×
  The court held that the trial court did not err in denying the motion to exclude a witness's testimony due to the witness's failure to appear for deposition, absent state misconduct. The court also certified a question regarding the propriety of imposing separate punishments for
• Anderson v. State
  392 So. 2d 328· Fla. 3d DCA· 1981-01-06 ·cited 7×
  The court held that a defendant cannot be sentenced separately for possession and sale of the same controlled substance when possession is a lesser-included offense of the sale.
• Evans v. Britton
  628 F.2d 400· 5th Cir.· 1980-10-15 ·cited 7×
• Hornsby v. State
  352 So. 2d 954· Fla. 1st DCA· 1977-12-14 ·cited 7×
  Hornsby was charged with entering without breaking with intent to commit petit larceny but was convicted of the lesser included offense of trespass. The court reversed his conviction because he was convicted of a crime not charged in the information, holding that trespass require
• Alphonso Stuart v. State
  339 So. 2d 659· Fla. 3d DCA· 1976-10-26 ·cited 7×
  Alphonso Stuart appealed his conviction for breaking and entering with intent to commit grand larceny, arguing he was denied a speedy trial and that the trial court improperly refused to instruct the jury on criminal trespass as a lesser included offense. The appellate court affi
• Murray v. State
  328 So. 2d 501· Fla. 4th DCA· 1976-03-05 ·cited 7×
  Kent Murray was convicted of manslaughter by culpable negligence in a motor vehicle collision that caused death. The Florida District Court of Appeal reversed because the trial court erred in instructing the jury on culpable negligence as a lesser included offense, since culpable
• Stern v. State
  296 So. 2d 549· Fla. 3d DCA· 1974-05-07 ·cited 7×
  Carl Stern was convicted of two counts of second-degree murder and assault with intent to commit third-degree murder after pleading not guilty by reason of insanity. The Florida appellate court affirmed the convictions but remanded for resentencing because the trial court incorre
• Grizzell v. State
  233 So. 2d 669· Fla. 1st DCA· 1970-04-09 ·cited 7×
  The court held that the trial court's failure to instruct the jury on lesser included offenses was not reversible error when no request for such instructions was made.
• Sloan v. State
  226 So. 2d 863· Fla. 4th DCA· 1969-09-29 ·cited 7×
  The court held that the appellant failed to demonstrate prejudice from a joint trial or from the failure to instruct on lesser offenses, and thus the judgment was affirmed.
• DeRIGGI v. State
  209 So. 2d 714· Fla. 3d DCA· 1968-04-30 ·cited 7×
  The court held that the appellant was not prejudiced by the trial court's reduction of the charge to a lesser included offense, as he was fully advised of the particulars of the charge against him.
• Chaffin v. State
  204 So. 2d 22· Fla. 1st DCA· 1967-11-02 ·cited 7×
  James Chaffin appealed his conviction for assault with intent to commit rape, following a habeas corpus petition. The court reviewed the entire trial record and reversed the conviction, finding the evidence insufficient to support a verdict of rape or assault with intent to rape
• Ruiz v. State
  199 So. 2d 478· Fla. 3d DCA· 1967-05-31 ·cited 7×
  The court held that the denial of the motion to suppress evidence and the admission of the defendant's statement and fingerprint card were not error.
• United States v. Lowery
  306 F.2d 133· 4th Cir.· 1961-11-15 ·cited 7×
  The court held that there was sufficient evidence to support the conviction for simple assault and that the trial judge's conduct did not demonstrate bias.
• Colley v. State of Fla. & James Terry Colley
  Fla.· 2025-12-30 ·cited 6×
  James Terry Colley, Jr. was convicted in 2018 of two counts of first-degree murder, attempted murder, and burglary in a domestic violence case where he shot his estranged wife Amanda Colley and her friend Lindy Dobbins, and was sentenced to death. On appeal of his postconviction
• Griffith v. State
  208 So. 3d 1208· Fla. 5th DCA· 2017-01-13 ·cited 6×
  David Griffith appeals convictions for soliciting a child for unlawful sexual conduct via computer and traveling to meet a minor for illegal sexual conduct, arguing the dual convictions violate double jeopardy. The Fifth District affirmed, finding the solicitation on February 3rd
• Thomas v. State
  209 So. 3d 35· Fla. 2d DCA· 2016-11-16 ·cited 6×
  Brian Thomas was convicted of traveling to meet a person to solicit a child to commit a sexual act, using a computer to solicit a person to commit a sexual act on a child, and attempted lewd or lascivious battery. The court reversed his conviction on count II (computer solicitati
• Dickerson v. State
  204 So. 3d 544· Fla. 5th DCA· 2016-10-28 ·cited 6×
  The court held that the use of a flawed jury instruction did not constitute fundamental error where the defendant argued self-defense, as this argument conceded the intentional nature of the act.
• Hughes v. State
  201 So. 3d 1230· Fla. 5th DCA· 2016-10-21 ·cited 6×
  Joey Hughes appeals his convictions for using a computer to solicit a child and traveling to meet a child for unlawful sexual conduct. The court affirms the denial of his motion to dismiss but reverses and remands on double jeopardy grounds, vacating the solicitation conviction a
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2016-02
  199 So. 3d 234· Fla.· 2016-08-25 ·cited 6×
  The Florida Supreme Court approved proposed amendments and new standard jury instructions for criminal cases, including instructions on recorded police interviews, verdict procedures, escape from work release programs, and several new crimes including giving obscene material to m
• Lashley v. State
  194 So. 3d 1084· Fla. 1st DCA· 2016-06-28 ·cited 6×
  David Lashley was convicted of multiple offenses related to soliciting a minor via computer and traveling to meet the minor. The appellate court affirmed his conviction for traveling to meet a minor but reversed his convictions for improper use of a computer to solicit and unlawf
• In re Standard Jury Instructions IN Crim. Cases-Instructions 7.8
  190 So. 3d 1055· Fla.· 2016-04-14 ·cited 6×
  The Florida Supreme Court authorized amendments to eight existing standard criminal jury instructions and approved one new instruction related to driving under the influence manslaughter, boating under the influence manslaughter, and various sexual battery offenses. The Court was
• McCLELLION v. State
  186 So. 3d 1129· Fla. 4th DCA· 2016-03-16 ·cited 6×
  The court held that an unpreserved trial court error in allowing a jury to consider a lesser offense is not a conviction for an uncharged crime that can be raised at any time in a postconviction motion, and the sentence was not illegal.
• Debonaire Dashawn Brooks v. State
  186 So. 3d 564· Fla. 5th DCA· 2015-12-04 ·cited 6×
  Debonaire Brooks, convicted at age 17 of robbery and burglary, challenges his 65-year sentences and assault conviction. The appellate court affirmed the robbery and burglary convictions but reversed the sentences as unconstitutional under Graham v. Florida and reversed the assaul
• Burns v. State
  170 So. 3d 90· Fla. 1st DCA· 2015-06-22 ·cited 6×
  Robert Burns was convicted of carjacking and attempted voluntary manslaughter after forcibly taking keys to a truck during an assault. On direct appeal, Burns challenged the jury instructions on carjacking as erroneous for failing to explain that taking property as an afterthough
• Hankins v. State
  164 So. 3d 738· Fla. 5th DCA· 2015-05-22 ·cited 6×
  Court reversed convictions for aggravated battery with a firearm and aggravated assault with a firearm as subsumed into the greater offense of burglary of a dwelling with an assault or battery with a firearm, violating double jeopardy.
• Berube v. State
  149 So. 3d 1165· Fla. 2d DCA· 2014-10-24 ·cited 6×
  Leo Richard Berube appealed his second-degree murder conviction following remand from the Florida Supreme Court to reconsider in light of Daniels v. State. The District Court of Appeal affirmed, holding that an erroneous jury instruction on the lesser-included offense of manslaug
• Smith v. State
  145 So. 3d 972· Fla. 1st DCA· 2014-08-28 ·cited 6×
  Giving an erroneous manslaughter by act instruction is fundamental error if the evidence does not support a finding of culpable negligence, and the conviction is for an offense no more than one step removed from manslaughter.
• Fenster v. State
  141 So. 3d 232· Fla. 4th DCA· 2014-06-04 ·cited 6×
  The trial court committed fundamental error by giving a standard jury instruction on attempted manslaughter when the defendant was convicted of attempted second-degree murder.
• Gross v. State
  138 So. 3d 590· Fla. 5th DCA· 2014-05-09 ·cited 6×
  Timothy Gross appealed his convictions for attempted second-degree murder with a destructive device and possession and discharge of a destructive device. The Florida Fifth District Court of Appeal affirmed the attempted second-degree murder conviction but vacated the destructive
• Gean Daniel v. State
  137 So. 3d 1181· Fla. 3d DCA· 2014-04-16 ·cited 6×
  Gean Daniel appeals his convictions for armed burglary of a dwelling and grand theft, contending the trial court erred by failing to instruct the jury on trespass as a permissive lesser-included offense. The Florida Third District Court of Appeal affirms, holding that the omissio
• Lopez v. State
  138 So. 3d 488· Fla. 4th DCA· 2014-04-16 ·cited 6×
  The Fourth District Court of Appeal reversed its prior affirmance of Lopez's conviction for attempted second degree murder after the Florida Supreme Court quashed the controlling precedent and held that giving a jury instruction on attempted manslaughter constituted fundamental e
• Kawuan L. Davis v. State
  138 So. 3d 489· Fla. 4th DCA· 2014-04-16 ·cited 6×
  In a case concerning the propriety of jury instructions in an attempted murder prosecution, the Fourth District Court of Appeal reversed its prior affirmance of a conviction for attempted second degree murder (as a lesser included offense of attempted first degree murder) after t
• Lorenza Sessions v. State
  137 So. 3d 1167· Fla. 4th DCA· 2014-04-09 ·cited 6×
  The trial court committed fundamental error by giving the standard jury instruction on attempted manslaughter by act when the defendant was convicted of attempted second degree murder.