Lesser Included Offense

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

• Busby v. State
  766 So. 2d 259· Fla. 4th DCA· 2000-02-16 ·cited 6×
  Andrew Busby appeals his convictions for six felonies arising from a violent attack on a Ranger Communications employee on December 13, 1996, during which he severely injured the victim and stole her vehicle and property. The Fourth District Court of Appeal affirmed all convictio
• McMILLAN v. State
  763 So. 2d 1140· Fla. 4th DCA· 2000-01-19 ·cited 6×
  Anthony McMillan appealed his conviction for robbery with a firearm and carjacking, arguing his trial counsel improperly conceded his guilt during opening and closing arguments without his recorded consent. The court affirmed, holding that no on-the-record inquiry into defendant'
• United States v. Anderson
  200 F.3d 1344· 11th Cir.· 2000-01-18 ·cited 6×
  Frank Anderson was convicted of possessing crack cocaine with intent to distribute within 1000 feet of a school in violation of 21 U.S.C. § 860 and sentenced to 60 months imprisonment. The Eleventh Circuit affirmed, holding that a defendant convicted under § 860 is ineligible for
• Cook v. State
  736 So. 2d 739· Fla. 5th DCA· 1999-06-18 ·cited 6×
  Frank Cook appeals his convictions for five counts of committing a lewd, lascivious, or indecent act upon a child under 16 and one count of committing a lewd or lascivious act in the presence of a child under 16. The court reversed the five convictions due to the trial court's er
• Jones v. State
  714 So. 2d 627· Fla. 1st DCA· 1998-07-27 ·cited 6×
  Mark Jones was convicted of battery on a law enforcement officer after a jury trial, but the Florida First District Court of Appeal reversed because the trial court erred in denying the defense's request for a jury instruction on simple battery as a lesser included offense. The c
• Johnson v. State
  710 So. 2d 715· Fla. 1st DCA· 1998-05-12 ·cited 6×
  Court affirmed probation violation judgments but reversed a felony conviction where the defendant pleaded no contest to a lesser misdemeanor offense, holding that adjudicating guilt of the charged felony constitutes fundamental error.
• Luhrsen v. State
  702 So. 2d 596· Fla. 2d DCA· 1997-12-03 ·cited 6×
  Robert Paul Luhrsen challenges his sentencing for three counts of lewd and lascivious act in the presence of a child under sixteen, arguing that the trial court erred in scoring 40 points for penetration on each count. The appellate court agrees, holding that the trial court impr
• Morton v. State
  701 So. 2d 644· Fla. 5th DCA· 1997-11-14 ·cited 6×
• Guinto v. State
  693 So. 2d 46· Fla. 4th DCA· 1997-03-05 ·cited 6×
  Brian Guinto appealed his convictions for armed burglary, aggravated battery with a firearm, attempted sexual battery with a firearm, and aggravated assault with a firearm. The court affirmed the aggravated battery conviction but reversed the aggravated assault conviction as a do
• LEE v. State
  685 So. 2d 1275· Fla.· 1996-12-12 ·cited 6×
  The Florida Supreme Court answered two certified questions of great public importance regarding the retroactive application of Coney v. State to pending cases and the proper remedy when a conviction for attempted felony murder is vacated, holding that Coney applies only prospecti
• State v. Horn
  684 So. 2d 186· Fla.· 1996-12-05 ·cited 6×
  The Florida Supreme Court answered two certified questions of great public importance regarding the retroactive application of Coney v. State to pending cases and the proper remedy when a defendant convicted of an attempted lesser-included offense has that conviction reversed. Th
• Fayson v. State
  684 So. 2d 270· Fla. 1st DCA· 1996-12-05 ·cited 6×
  Appellant challenges his conviction for aggravated battery as legally inconsistent with the jury's conviction for burglary of a dwelling as a lesser included offense (without the battery element). The court affirms, holding that the verdicts are not legally interlocking because a
• State v. Pratt
  682 So. 2d 1096· Fla.· 1996-11-14 ·cited 6×
  Where a conviction for attempted felony murder is vacated, the proper remedy is retrial on any lesser offense instructed upon at trial, including attempted manslaughter.
• Critton v. State
  668 So. 2d 242· Fla. 1st DCA· 1996-02-13 ·cited 6×
  The court reversed the summary denial of a postconviction ineffective assistance of counsel claim based on counsel's failure to request jury instructions on necessarily lesser included offenses (simple assault and battery), but affirmed the denial as to other claims.
• Jasper Reeves v. State
  659 So. 2d 1259· Fla. 4th DCA· 1995-08-30 ·cited 6×
  Jasper Reeves appealed his convictions for possession and sale of cocaine, arguing the possession conviction violated double jeopardy as a lesser included offense of the sale charge. The court affirmed both convictions but reversed his habitual felony offender sentence, holding t
• Benton v. State
  650 So. 2d 688· Fla. 1st DCA· 1995-02-21 ·cited 6×
• R.H. v. State
  649 So. 2d 299· Fla. 2d DCA· 1995-01-20 ·cited 6×
  R.H., a juvenile, was adjudicated delinquent for robbery after participating in a group attack on a pharmacy owner during which jewelry was taken. The court reversed, finding the circumstantial evidence insufficient to prove R.H.'s specific intent to commit robbery, though eviden
• Servilio Crespo v. State
  647 So. 2d 295· Fla. 3d DCA· 1994-12-14 ·cited 6×
  Servilio Crespo challenges his armed robbery conviction, arguing the trial court erred by refusing to instruct the jury on aggravated assault as a lesser included offense. The court affirmed, holding that failure to instruct on a lesser included offense two steps removed from the
• Pierce v. State
  641 So. 2d 439· Fla. 4th DCA· 1994-08-10 ·cited 6×
  Pierce was charged with armed robbery but convicted of the lesser included offense of grand theft. The court reversed because the charging document failed to allege the value of stolen property, which is an essential element of grand theft, making grand theft an impermissible les
• DeLONG v. State
  638 So. 2d 1054· Fla. 2d DCA· 1994-06-24 ·cited 6×
  John Lee DeLong appeals restitution orders totaling $550.50 imposed after his conviction for grand theft of a stolen vehicle. The court reverses the medical expense restitution ($412 to insurance company and $100 victim deductible) but affirms the $38.50 award for stolen personal
• Bowser v. State
  638 So. 2d 1042· Fla. 1st DCA· 1994-06-23 ·cited 6×
  Joe Bowser appeals his conviction for second-degree murder, challenging the trial court's imposition of a 3-year mandatory minimum sentence for firearm use despite the jury's verdict not including a specific finding that he used a firearm. The court affirmed the conviction but va
• Elkin v. State
  636 So. 2d 570· Fla. 3d DCA· 1994-05-10 ·cited 6×
  Trial court erred in refusing jury instruction on third degree felony murder when evidence supported it as a lesser included offense, requiring reversal and retrial.
• Sullivan v. State
  631 So. 2d 1142· Fla. 1st DCA· 1994-02-18 ·cited 6×
  Appellant's dual convictions for robbery and theft in separate cases arising from single criminal episodes violated double jeopardy; robbery convictions affirmed but theft convictions vacated and case remanded for resentencing.
• Emilus Fenelon v. State
  629 So. 2d 955· Fla. 4th DCA· 1993-12-15 ·cited 6×
  Emilus Fenelon appealed his convictions for sexual activity with a child and capital sexual battery, challenging the admission of a tape-recorded victim statement, additional sentencing points for victim injury based on pregnancy and childbirth, and prosecution costs. The Fourth
• J.R. v. State
  627 So. 2d 126· Fla. 5th DCA· 1993-12-03 ·cited 6×
  J.R., a juvenile, appealed his adjudication on three charges: battery, resisting an officer without violence, and battery on a law enforcement officer. The appellate court affirmed the convictions for battery and battery on a law enforcement officer but reversed the conviction fo
• Walker v. State
  622 So. 2d 630· Fla. 3d DCA· 1993-08-17 ·cited 6×
  The court held that a conviction for lewd and lascivious assault is mutually exclusive with a sexual battery charge arising from the same incident.
• Reynolds v. State
  622 So. 2d 1139· Fla. 5th DCA· 1993-08-13 ·cited 6×
  The court held that the statutory definition of assault does not apply to all uses of the word 'assault,' and a lewd assault charge does not automatically include a charge of simple assault.
• Stamps v. State
  620 So. 2d 1033· Fla. 2d DCA· 1993-05-28 ·cited 6×
  Leonard Johnson Stamps appealed his conviction for purchasing cocaine within 1,000 feet of a school, arguing the trial court erred in denying his motion for judgment of acquittal. The Florida District Court of Appeal reversed, holding that evidence showed only that the purchase o
• United States v. Powell
  982 F.2d 1422· 10th Cir.· 1992-12-09 ·cited 6×
  The court held that the defendants' convictions and sentences for conspiracy to distribute marijuana were supported by sufficient evidence and that their various procedural and evidentiary challenges lacked merit.
• United States v. Ricou Deshaw
  974 F.2d 667· 5th Cir.· 1992-10-14 ·cited 6×
  The court held that the RICO conspiracy count was not barred by double jeopardy, but the conspiracy counts charging identical offenses to a prior indictment were barred.
• Morgan v. State
  603 So. 2d 619· Fla. 3d DCA· 1992-08-04 ·cited 6×
  The court held that the trial court did not err in denying a mistrial based on witness fear testimony, but did err in failing to instruct the jury on lesser included offenses for attempted murder charges.
• United States v. Giuseppe Gambino
  968 F.2d 227· 2d Cir.· 1992-06-26 ·cited 6×
  The Double Jeopardy Clause does not bar successive conspiracy prosecutions if the conspiracies are distinct, and the Korfant multi-factor analysis remains the appropriate test for determining distinctness.
• Hebert v. State
  600 So. 2d 1293· Fla. 1st DCA· 1992-06-25 ·cited 6×
  The First District Court of Appeal affirmed restitution orders of $2,530 imposed on appellants who pleaded guilty to petit theft (property value under $300) after originally being charged with grand theft. The court held that absent specific restrictions in the plea agreement, re
• Geschwendt v. Ryan
  967 F.2d 877· 3d Cir.· 1992-06-18 ·cited 6×
  The court held that the trial court's failure to explicitly instruct the jury on the option of a verdict of not guilty by reason of insanity did not violate due process, as the jury was presented with lesser included offenses and ultimately convicted of the highest offense, rende
• Burke v. State
  596 So. 2d 484· Fla. 4th DCA· 1992-03-25 ·cited 6×
  Jimmy Burke was convicted of trespass in a conveyance (a lesser included offense after acquittal on grand theft charges) and ordered to pay $3,500 restitution to the car owner. The appellate court affirmed the conviction but reversed the restitution order, finding no causal conne
• Reginald Washington aka Speedy v. State
  597 So. 2d 840· Fla. 3d DCA· 1992-03-24 ·cited 6×
• Clay v. State
  595 So. 2d 1052· Fla. 4th DCA· 1992-03-11 ·cited 6×
  Brenda Clay was convicted of petit theft (a lesser included offense of armed robbery) and resisting a merchant. The trial court reclassified her petit theft conviction to felony petit theft at sentencing based on prior theft convictions, but the court erred because the charging d
• Hill v. State
  593 So. 2d 290· Fla. 2d DCA· 1992-01-22 ·cited 6×
  Lindsey Mitchell Hill was convicted of aggravated assault with a firearm and carrying a concealed firearm. The Florida appellate court affirmed his concealed firearm conviction but reversed his aggravated assault conviction, finding the trial court erred by refusing to instruct t
• Williams v. State
  591 So. 2d 664· Fla. 2d DCA· 1991-12-20 ·cited 6×
  Robert Williams challenges his convictions for conspiracy to commit aggravated battery and two counts of manslaughter. The appellate court reverses and remands for a new trial, finding that the trial court committed fundamental error by failing to provide complete jury instructio
• United States v. Phillip
  948 F.2d 241· 6th Cir.· 1991-10-30 ·cited 6×
  The court held that the prosecution's failure to disclose a potentially exculpatory videotape violated Brady and Rule 16, and that the sentencing departure was improper double-counting.
• Lucio John Salas v. State
  591 So. 2d 257· Fla. 4th DCA· 1991-10-09 ·cited 6×
  Lucio John Salas appealed his post-conviction petition after his convictions for nine crimes were affirmed on direct appeal. The appellate court reversed in part, finding that Salas was denied effective assistance of counsel when his defense attorney consented to an improper amen
• United States v. Lajoie
  942 F.2d 699· 10th Cir.· 1991-08-07 ·cited 6×
  The court affirmed the conviction, holding that the district court did not err in refusing to instruct the jury on bank larceny and that any error in the bank robbery instruction was harmless.
• United States v. Brooks
  940 F.2d 598· 10th Cir.· 1991-08-02 ·cited 6×
  The court held that drug quantity is an essential element of simple possession under 21 U.S.C. § 844(a) that must be determined by the jury, not the court.
• Golden v. State
  578 So. 2d 480· Fla. 2d DCA· 1991-04-24 ·cited 6×
  Herman Lamar Golden appeals his convictions for racketeering, conspiracy to commit racketeering, living from earnings of prostitution, and keeping a house of ill fame. The appellate court affirms his convictions for racketeering, conspiracy, and living off earnings, but reverses
• Turner v. Armontrout
  922 F.2d 492· 8th Cir.· 1991-01-07 ·cited 6×
  The court held that a motion for a certificate of probable cause, filed by a pro se petitioner within the time limits, can serve as the functional equivalent of a notice of appeal, thus conferring jurisdiction.
• Johnson v. State
  570 So. 2d 1158· Fla. 5th DCA· 1990-12-20 ·cited 6×
  Florida appellate court reversed a drug trafficking conviction because the trial court erred in refusing a lesser-included-offense instruction on simple possession and improperly denied the defendant's request for surrebuttal regarding impeaching evidence.
• Sinclair Johnson v. State
  572 So. 2d 957· Fla. 1st DCA· 1990-12-14 ·cited 6×
  The state is entitled to have the jury instructed on category 2 lesser included offenses over the defendant's objection, provided the elements of the lesser offense are embodied in the charged offense and disclosed by the evidence.
• Tice v. State
  569 So. 2d 1327· Fla. 2d DCA· 1990-11-09 ·cited 6×
  Gregory Joel Tice was convicted of resisting an officer with violence, but the trial court improperly denied his requested jury instruction on the lesser-included offense of resisting an officer without violence. The court reversed and remanded because the evidence supported the
• United States v. Carlos Eduardo Fernandez. Appeal of Carlos Fernandez
  916 F.2d 125· 3d Cir.· 1990-10-18 ·cited 6×
  The court held that convictions for conspiracy and continuing criminal enterprise can stand separately, even if the conspiracy is a predicate offense, as long as a general sentence is imposed not exceeding the punishment for the most serious offense. It also held that a new prese
• Berry v. State
  566 So. 2d 22· Fla. 1st DCA· 1990-08-13 ·cited 6×
  The court held that the evidence was sufficient to support a conviction for arson under Section 806.01, Florida Statutes, even when the property burned was the defendant's own, provided the act was willful and unlawful, such as burning to defraud an insurer.