Lesser Included Offense

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

• Coriolan v. State
  137 So. 3d 1080· Fla. 4th DCA· 2014-03-26 ·cited 6×
  The trial court committed fundamental error by giving a standard jury instruction on attempted manslaughter by act when the defendant was convicted of attempted second degree murder.
• Stanley v. State
  112 So. 3d 718· Fla. 2d DCA· 2013-05-08 ·cited 6×
  The court agrees with the result that kidnapping was not established, but the concurring opinion disagrees with the reasoning that the binding was slight and incidental.
• Odom v. State
  104 So. 3d 1238· Fla. 5th DCA· 2012-12-21 ·cited 6×
  Dual convictions for attempted manufacture and trafficking of methamphetamine violate double jeopardy.
• Jenkins v. State
  75 So. 3d 1288· Fla. 1st DCA· 2011-12-20 ·cited 6×
  Jenkins sought post-conviction relief for ineffective assistance of appellate counsel, claiming his appellate lawyer failed to raise fundamental error issues regarding jury instructions on lesser-included offenses. The court agreed, finding counsel was ineffective for failing to
• Johnson v. State
  150 So. 3d 214· Fla. 1st DCA· 2011-11-14 ·cited 6×
  Dana David Johnson appeals his convictions for sale of cocaine and manufacture of crack cocaine under the same Florida statute, arguing they violate the Double Jeopardy Clause. The court affirms, holding that the offenses are distinct because each contains elements the other does
• Wilkins v. State
  78 So. 3d 18· Fla. 2d DCA· 2011-11-04 ·cited 6×
  Michael Wilkins was convicted by jury of burglary, grand theft, and dealing in stolen property. The trial court entered judgment only for burglary and dealing in stolen property, omitting the grand theft conviction. Wilkins appealed arguing he was entitled to a new trial because
• Cannon v. State
  77 So. 3d 684· Fla. 5th DCA· 2011-11-04 ·cited 6×
• Haywood v. State
  73 So. 3d 824· Fla. 5th DCA· 2011-10-21 ·cited 6×
• Sameer Muhammad v. State
  99 So. 3d 964· Fla. 3d DCA· 2011-08-31 ·cited 6×
  Court reversed convictions for grand theft as lesser included offenses of organized fraud, holding that double jeopardy principles preclude dual convictions based on the same conduct and that the State cannot nolle pros a charge after jeopardy attaches.
• McNEAL v. State
  67 So. 3d 407· Fla. 2d DCA· 2011-08-10 ·cited 6×
  Derrick McNeal appeals his conviction for first-degree murder and other crimes, challenging the jury instruction on manslaughter as fundamentally erroneous. The court affirms, holding that any error in the manslaughter instruction was harmless because the jury convicted McNeal of
• Pollock v. State
  64 So. 3d 695· Fla. 2d DCA· 2011-04-08 ·cited 6×
  The court held that appellate counsel was ineffective for failing to argue that the trial court fundamentally erred by giving the standard instruction for manslaughter by act when the evidence did not support a theory of manslaughter by culpable negligence, and the error was pres
• Burton v. State
  125 So. 3d 788· Fla. 5th DCA· 2011-04-08 ·cited 6×
  Marcus Burton appeals his convictions for attempted second-degree murder, aggravated assault, and shooting at or into a vehicle. The court reverses his attempted second-degree murder conviction because the jury instruction improperly required proof of intent to kill, which is not
• S.F. v. State
  56 So. 3d 116· Fla. 3d DCA· 2011-03-09 ·cited 6×
  The court affirmed the delinquency finding for simple battery as a lesser included offense but struck several court costs that cannot be assessed against a juvenile with a withheld adjudication.
• Barnett v. State
  45 So. 3d 963· Fla. 3d DCA· 2010-10-13 ·cited 6×
  Ronald Barnett appeals his conviction for lewd and lascivious molestation of a minor. The Florida District Court of Appeal affirms, rejecting Barnett's arguments that the trial court erred in refusing a lesser-included offense instruction on simple battery, in sustaining a hearsa
• Antwyne Harper v. State
  43 So. 3d 174· Fla. 3d DCA· 2010-09-08 ·cited 6×
  The court held that a charge of fleeing and eluding a law enforcement officer at high speed, added via amended information, was barred by the statute of limitations because it was a new and distinct crime not related to the original timely filed charges.
• Hannah v. State
  42 So. 3d 951· Fla. 4th DCA· 2010-09-01 ·cited 6×
  Dennis Hannah was convicted of burglary of a conveyance and grand theft after evidence showed he entered an S&S Janitorial Services trailer and removed equipment. The Fourth District reversed his convictions on two independent grounds: the trial court erroneously refused to instr
• Nelsenn Simon v. State
  38 So. 3d 793· Fla. 4th DCA· 2010-06-09 ·cited 6×
  Nelsenn Simon appeals his second degree murder conviction, challenging the jury instruction on the lesser included offense of manslaughter, the exclusion of victim propensity evidence, and an alleged improper prosecutorial comment on his right to silence. The Fourth District Cour
• West v. State
  21 So. 3d 916· Fla. 5th DCA· 2009-11-13 ·cited 6×
  Robert Anthony West appeals his convictions for burglary with a battery and battery, arguing they violate double jeopardy. The Fifth District Court of Appeal agrees, reversing the battery conviction because battery is a lesser included offense of burglary with a battery, and affi
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2008-07
  3 So. 3d 1172· Fla.· 2009-02-26 ·cited 6×
  The Florida Supreme Court approved three new standard jury instructions in criminal cases: instructions on leaving a child unattended in a motor vehicle, unlawful possession of counterfeit-resistant prescription blanks, and animal fighting or baiting. The Court authorized these i
• Senelus v. State
  994 So. 2d 493· Fla. 3d DCA· 2008-11-12 ·cited 6×
  Appellant's dual convictions for grand theft and robbery arising from a single taking violated double jeopardy; the court vacated the grand theft conviction and affirmed the robbery conviction.
• State v. Franklin
  955 So. 2d 564· Fla.· 2007-04-19 ·cited 6×
  The Florida Supreme Court reviewed a Fourth District Court of Appeal decision that reversed an aggravated battery conviction on the ground that it could not be a lesser included offense of second-degree murder because it did not carry a lesser penalty. The Supreme Court clarified
• Insko v. State
  933 So. 2d 679· Fla. 2d DCA· 2006-07-14 ·cited 6×
  Russell Insko appeals his conviction for lewd or lascivious conduct, challenging whether the trial court erred in denying his motion to dismiss based on a prior jury finding that he was under eighteen years old. The court affirms, holding that the offender's age is a sentencing c
• Robinson v. State
  925 So. 2d 373· Fla. 5th DCA· 2006-03-03 ·cited 6×
  Robert A. Robinson petitioned for a writ of habeas corpus under the all writs provision, claiming jurisdictional defects in his criminal conviction. The Fifth District Court of Appeal dismissed the petition, finding that Robinson was attempting to bypass the trial court and raise
• Saddler v. State
  921 So. 2d 777· Fla. 1st DCA· 2006-02-23 ·cited 6×
  Joshua Saddler was convicted of three counts of grand theft and one count of organized fraud/scheme to defraud based on his alleged fraudulent returns and refunds at Walmart. The appellate court reversed his conviction on the organized fraud count, finding that it violated double
• Richardson v. State
  922 So. 2d 331· Fla. 4th DCA· 2006-02-22 ·cited 6×
  James Richardson was convicted of attempted burglary as a lesser included offense of the charged burglary with battery. The Fourth District Court of Appeal reversed, holding that the trial court erred in instructing the jury on attempted burglary because the evidence supported on
• Hubbard v. State
  912 So. 2d 629· Fla. 1st DCA· 2005-09-02 ·cited 6×
  Michael Hubbard appealed his convictions for sexual battery and child abuse. The Florida appellate court affirmed the admission of a birth certificate establishing paternity despite Hubbard's objection, but reversed his sexual battery conviction and remanded for a new trial becau
• Jefferey Hobson v. State
  908 So. 2d 1162· Fla. 1st DCA· 2005-08-19 ·cited 6×
  The court held that the appellant's conviction for aggravated fleeing or eluding was improper because the state failed to prove essential elements of the offense. The court reversed this conviction and remanded for entry of judgment for the lesser included offense of misdemeanor
• Miller v. State
  905 So. 2d 981· Fla. 3d DCA· 2005-06-29 ·cited 6×
  Miller appeals the denial of his Rule 3.850 motion for postconviction relief, claiming his guilty plea was involuntary due to his trial counsel's affirmative misadvice about his potential sentence exposure on remand. The court reverses and remands for an evidentiary hearing becau
• Ward v. State
  898 So. 2d 1152· Fla. 5th DCA· 2005-04-01 ·cited 6×
  The court held that dual convictions for robbery and grand theft arising from the same incident and property are improper under double jeopardy principles, but dual convictions for robbery and aggravated assault with a firearm are permissible.
• Jones v. State
  885 So. 2d 466· Fla. 4th DCA· 2004-10-27 ·cited 6×
  The court held that the evidence was insufficient to prove the stun gun was a deadly weapon for the sexual battery charge, but the burglary conviction was proper. The jury instruction for burglary was not fundamental error.
• Dunbar v. State
  879 So. 2d 98· Fla. 4th DCA· 2004-08-04 ·cited 6×
  Albert Dunbar was convicted of both robbery and battery arising from a single incident where he forcibly took a victim's purse, causing her injuries. The Fourth District Court of Appeal affirmed the dual convictions, holding that Florida Statute § 775.021(4)(b) permits multiple c
• Iseley v. State
  865 So. 2d 580· Fla. 5th DCA· 2004-01-02 ·cited 6×
  Steven Eugene Iseley appeals his conviction for aggravated assault with a firearm and the mandatory three-year minimum sentence. The court reversed, holding that the trial court erred by failing to instruct the jury on aggravated assault with a deadly weapon as a lesser included
• C.W. v. State
  861 So. 2d 1243· Fla. 2d DCA· 2003-12-12 ·cited 6×
  A minor was adjudicated delinquent as an accessory after the fact to burglary and grand theft, despite being charged only as a principal to those offenses. The court reversed the conviction, holding that accessory after the fact is not a lesser-included offense of the charged cri
• McQUEEN v. State
  870 So. 2d 77· Fla. 2d DCA· 2003-11-14 ·cited 6×
  The court held that the trial court must either award the defendant additional jail credit or attach record portions conclusively refuting his claim.
• Sorrell v. State
  855 So. 2d 1253· Fla. 4th DCA· 2003-10-15 ·cited 6×
  Woodrow Sorrell was convicted of driving with a permanently revoked license under section 322.341, Florida Statutes. The Fourth District Court of Appeal reversed his conviction because the statute was declared unconstitutional in Florida Department of Highway Safety & Motor Vehic
• Binder v. State
  853 So. 2d 537· Fla. 5th DCA· 2003-08-29 ·cited 6×
  Barry Binder, a convicted sexual offender, appeals his conviction on two counts related to failure to report address changes and intent to relocate. The Florida appellate court affirmed his convictions, rejecting both his double jeopardy challenge and his argument that Count II c
• Griffis v. State
  848 So. 2d 422· Fla. 1st DCA· 2003-07-02 ·cited 6×
  Brian Michael Griffis was convicted of child abuse in the death of his 4-month-old daughter. The appellate court reversed his conviction, finding the jury instruction on child abuse contained fundamental error by including elements from the wrong statute (culpable negligence and
• Santiago v. State
  847 So. 2d 1060· Fla. 2d DCA· 2003-06-11 ·cited 6×
  The court held that the aggravated fleeing statute requires the defendant to be leaving the scene of an accident, not a shooting, and reversed that conviction. The court affirmed other convictions.
• Hagood v. State
  824 So. 2d 252· Fla. 4th DCA· 2002-08-07 ·cited 6×
  The Fourth District Court of Appeal reversed Johnny Hagood's conviction for driving with a revoked license as a habitual traffic offender because the trial court erred in refusing to instruct the jury on the lesser-included offense of driving without a valid driver's license.
• State v. Telly Lenard Andrews
  820 So. 2d 1016· Fla. 4th DCA· 2002-07-03 ·cited 6×
  The State appeals a trial court's order granting Andrews a new trial on the attempted murder charge, arguing the verdict was not contrary to the weight of the evidence. The appellate court affirms, finding the trial court properly weighed conflicting evidence regarding whether Of
• Welsh v. State
  816 So. 2d 175· Fla. 1st DCA· 2002-05-02 ·cited 6×
  Travis Welsh appeals his convictions for capital sexual battery on a child under 12 and lewd and lascivious conduct. The court affirms all convictions, holding that lewd and lascivious conduct cannot be a lesser included offense to sexual battery because Florida law makes these c
• Dougherty v. State
  813 So. 2d 217· Fla. 2d DCA· 2002-04-03 ·cited 6×
  In this second appeal, the court reversed Jared Dougherty's first-degree felony murder conviction because the trial judge failed to follow the appellate court's prior mandate requiring individual voir dire to protect the defendant's right to an impartial jury. The court held that
• Cook v. State
  813 So. 2d 1010· Fla. 1st DCA· 2002-03-25 ·cited 6×
  Julie Cook appealed her convictions and sentences for two counts of aggravated battery arising from a single criminal episode where she set a victim on fire. The appellate court reversed her conviction on Count I, finding that dual convictions for the same offense (aggravated bat
• Brown v. State
  802 So. 2d 434· Fla. 4th DCA· 2001-12-12 ·cited 6×
  Jacqueline Brown appeals her conviction for child abuse, a third-degree felony, challenging the trial court's failure to instruct the jury on simple battery as a lesser-included offense and arguing she should have been acquitted due to parental privilege. The court affirms, holdi
• Sanders v. State
  795 So. 2d 223· Fla. 4th DCA· 2001-09-26 ·cited 6×
  Jimmy Sanders was convicted of multiple offenses including aggravated assault, improper exhibition of a weapon (two counts), possession of a short-barreled shotgun, and possession by a convicted felon. Sanders appealed arguing that his separate convictions for improper exhibition
• Smith v. State
  785 So. 2d 623· Fla. 5th DCA· 2001-04-27 ·cited 6×
  Lorenzo Smith appeals his conviction for armed burglary, robbery, false imprisonment, and grand theft. The court reverses his false imprisonment conviction as incidental to the robbery, but affirms his other convictions and sentence.
• Wilnard Simeon v. State
  778 So. 2d 455· Fla. 4th DCA· 2001-02-14 ·cited 6×
  Wilnard Simeon was convicted of petit theft (lesser included offense of robbery with a firearm) and resisting an officer without violence. On appeal, the court affirmed the convictions but reversed the sentence enhancement for petit theft because the information failed to allege
• Williams v. State
  776 So. 2d 358· Fla. 1st DCA· 2001-01-31 ·cited 6×
  The court held that the appellant's conviction under the violent career criminal statute must be reversed because an essential element of the offense was not established. However, the case is remanded for entry of judgment and sentence for a lesser included offense.
• Roedel v. State
  773 So. 2d 1280· Fla. 5th DCA· 2000-12-29 ·cited 6×
  Dual convictions for driving with a suspended license and driving without a valid license, arising from the same incident, violate statutory double jeopardy protections.
• Aldean Davis v. State
  756 So. 2d 205· Fla. 4th DCA· 2000-04-19 ·cited 6×
  Aldean Davis was convicted of aggravated battery on a pregnant woman, aggravated assault with a weapon, and battery following a domestic dispute. The Fourth District Court of Appeal reversed his convictions, holding that the trial court abused its discretion by prohibiting defens