Lesser Included Offense

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

• United States v. Langston
  903 F.2d 1510· 11th Cir.· 1990-06-26 ·cited 6×
  The court held that the district court did not err in refusing to instruct the jury on the lesser included misdemeanor offense because the evidence overwhelmingly established that the value of the stolen timber exceeded $100.
• United States v. Sotelo-Rivera
  906 F.2d 1324· 9th Cir.· 1990-06-26 ·cited 6×
  A lesser-included offense instruction is not necessary if the evidence establishing guilt of the greater offense also necessarily establishes guilt of the lesser offense.
• Singleton v. State
  561 So. 2d 1296· Fla. 2d DCA· 1990-05-25 ·cited 6×
  Charles Singleton appealed his convictions for both sale and possession of cocaine on double jeopardy grounds. The court affirmed the sale conviction but set aside the possession conviction as a violation of double jeopardy, struck costs imposed without notice, and remanded for c
• Eugenio J. Costo v. United States
  904 F.2d 344· 6th Cir.· 1990-05-24 ·cited 6×
  The court held that imposing consecutive sentences for distribution of cocaine and attempted distribution of cocaine violates the Double Jeopardy Clause of the Fifth Amendment because attempted distribution is a lesser included offense of actual distribution.
• Crisel v. State
  561 So. 2d 453· Fla. 2d DCA· 1990-05-18 ·cited 6×
• Hughes v. United States
  899 F.2d 1495· 6th Cir.· 1990-04-04 ·cited 6×
  The court held that false statements made to the Department of Labor regarding employee expenses were material under 18 U.S.C. § 1001, and that 26 U.S.C. § 7204 provides the exclusive sanction for furnishing a false W-2 to an employee, but not for filing a false W-3 with the IRS.
• Pringle v. State
  553 So. 2d 1304· Fla. 3d DCA· 1989-12-12 ·cited 6×
• United States v. Rosenberg
  888 F.2d 1406· D.C. Cir.· 1989-11-03 ·cited 6×
  Prosecution for substantive offenses under the Pinkerton theory of vicarious liability is barred by the Double Jeopardy Clause if the conspiracy conviction did not require proof of a fact not also required for the substantive offense conviction.
• Benny L. Hill v. State
  549 So. 2d 1166· Fla. 4th DCA· 1989-10-11 ·cited 6×
• Bennie Hall v. State
  549 So. 2d 758· Fla. 3d DCA· 1989-10-03 ·cited 6×
  The court held that a battery conviction occurring contemporaneously with and as an element of robbery constitutes double jeopardy, requiring reversal.
• United States v. Shirlene Wood
  879 F.2d 927· D.C. Cir.· 1989-07-21 ·cited 6×
  The court held that the search of Lee's home was lawful, and while Wood's claim of ineffective assistance of counsel fails because the evidence was properly seized, her conspiracy conviction is vacated due to the difficulty of the issue and the concurrency of sentences. The court
• Elvis Evans v. State
  543 So. 2d 326· Fla. 3d DCA· 1989-05-09 ·cited 6×
  Elvis Evans was convicted by jury of unlawful possession of cocaine and unlawful possession of drug paraphernalia (a pipe) after police found a small amount of cocaine in a pipe in his possession. On appeal, Evans argued he should not be convicted of both offenses under principle
• United States v. Barrett James
  870 F.2d 953· 3d Cir.· 1989-03-31 ·cited 6×
  The court affirmed the judgment, but the concurring opinion expresses concern that the majority's distinction regarding special interrogatories might unduly restrict their use.
• Pelaez v. State
  541 So. 2d 1211· Fla. 2d DCA· 1988-12-28 ·cited 6×
  The court held that convictions for trafficking and possession of cocaine are valid, but the conviction for delivery must be vacated due to double jeopardy.
• Stratton v. United States
  862 F.2d 7· 1st Cir.· 1988-12-02 ·cited 6×
  The court held that the petitioner's double jeopardy claims were without merit, as the conspiracy conviction in Maine was not used as a predicate for the Continuing Criminal Enterprise (CCE) conviction in New York.
• Scott v. Dugger
  686 F. Supp. 1488· S.D. Fla.· 1988-05-26 ·cited 6×
  The court denied the petition for writ of habeas corpus, finding no basis for federal relief and lifting the stay of execution.
• Stemm v. State
  523 So. 2d 760· Fla. 1st DCA· 1988-04-15 ·cited 6×
  Stemm was convicted of possessing contraband (marijuana) in a county jail after a cigarette pack in his possession was found to contain a marijuana cigarette. The appellate court reversed, holding that the State failed to present evidence sufficient to prove Stemm's guilty knowle
• State v. Colbert
  522 So. 2d 436· Fla. 2d DCA· 1988-03-11 ·cited 6×
  A dissenting opinion argued that a new trial should be granted on charges of sexual battery and false imprisonment due to the trial court's handling of a jury's request for testimony that was unavailable.
• Valles v. Lynaugh
  835 F.2d 126· 5th Cir.· 1988-01-08 ·cited 6×
  The court affirmed the district court's rejection of the habeas petition, finding no merit in the appellant's contentions.
• Doyle v. State
  513 So. 2d 188· Fla. 4th DCA· 1987-09-09 ·cited 6×
  James Doyle appeals his conviction for third-degree murder under Florida's felony murder statute, arguing the underlying felony of aggravated battery was not independent from the homicide itself. The appellate court affirmed the murder conviction but reversed the imposition of co
• Alton Carol Franks v. Alford
  820 F.2d 345· 10th Cir.· 1987-06-05 ·cited 6×
  The appellate court's modification of a first-degree felony murder conviction to second-degree murder, without a jury finding the elements of second-degree murder, violates the defendant's Sixth and Fourteenth Amendment right to a jury trial.
• Thomas v. Morris
  816 F.2d 364· 8th Cir.· 1987-04-03 ·cited 6×
  The court held that Thomas' constitutional rights were violated by vacating a served sentence and continuing confinement under a life sentence for felony murder.
• Taffer v. State
  504 So. 2d 436· Fla. 2d DCA· 1987-02-27 ·cited 6×
  James Taffer appeals his convictions for possession and sale of marijuana and possession of and trafficking in cocaine. The court affirmed his convictions and sentences but reversed the imposition of court costs as they were imposed retroactively.
• United States v. Short
  805 F.2d 335· 8th Cir.· 1986-11-17 ·cited 6×
  The court held that the district court did not err in refusing to instruct the jury on the lesser included offense of simple possession because the evidence did not sufficiently dispute the element of intent to distribute.
• Meyer v. State
  501 So. 2d 8· Fla. 4th DCA· 1986-11-05 ·cited 6×
  The court held that the trial court erred in failing to instruct the jury on the lesser included offense of improper exhibition of a firearm. The court also vacated the sentence on a remaining count due to guideline departure without written reasons.
• Dion Michael Carawan v. State
  495 So. 2d 239· Fla. 5th DCA· 1986-09-25 ·cited 6×
  Dion Carawan was convicted of attempted manslaughter, aggravated battery, and shooting into an occupied structure. The appellate court certified the case to the Florida Supreme Court to resolve whether multiple convictions for aggravated battery and attempted manslaughter arising
• Gilmore v. Zimmerman
  793 F.2d 564· 3d Cir.· 1986-06-27 ·cited 6×
  The Double Jeopardy Clause does not preclude a trial for murder after a guilty plea to involuntary manslaughter was accepted and then vacated due to an inadequate factual basis, as this constitutes a single prosecution, not successive ones.
• Diggs v. State
  489 So. 2d 1228· Fla. 5th DCA· 1986-06-12 ·cited 6×
  Stanley Diggs appealed his conviction for sexual battery, challenging the trial court's instruction on a lesser-included offense and the sentence imposed. The appellate court affirmed the conviction but vacated and remanded the sentence because the trial court relied on improper
• United States v. Davis
  793 F.2d 246· 10th Cir.· 1986-06-09 ·cited 6×
  Consecutive sentences imposed for distinct statutory offenses do not violate the Double Jeopardy Clause, even if arising from a single transaction or related to a conspiracy.
• United States v. Guthrie
  789 F.2d 356· 5th Cir.· 1986-05-14 ·cited 6×
  The dissent argues that the double jeopardy clause should afford greater protection against successive prosecutions than the majority's interpretation of Garrett v. United States allows.
• Weyrick v. State
  485 So. 2d 901· Fla. 4th DCA· 1986-04-02 ·cited 6×
  Dana Weyrick appeals her DWI manslaughter conviction and community control sentence, arguing the trial court erred by failing to instruct the jury on vehicular homicide as a necessarily lesser included offense without her personal waiver. The court affirmed, holding that Florida
• Howard v. State
  484 So. 2d 1319· Fla. 3d DCA· 1986-03-11 ·cited 6×
  The dissenting judge held that the denial of the defendant's request to be present when his counsel waived instructions on lesser included offenses constituted reversible error.
• Harris v. Scully
  779 F.2d 875· 2d Cir.· 1985-12-19 ·cited 6×
  The court held that the trial court did not err in refusing to instruct the jury on justification as it relates to defense of third parties, nor in refusing to instruct on second degree manslaughter.
• Armenia v. State
  479 So. 2d 260· Fla. 5th DCA· 1985-12-05 ·cited 6×
  Frank Armenia was convicted of manslaughter by driving while intoxicated following a fatal car accident. The appellate court upheld his conviction while certifying to the Florida Supreme Court whether causation between the defendant's intoxication and the victim's death is a nece
• United States v. Echeverri-Jaramillo
  777 F.2d 933· 4th Cir.· 1985-11-21 ·cited 6×
  The court held that the trial court did not err in refusing a lesser included offense instruction, admitting evidence of other acts, or denying the motion to dismiss the Travel Act count.
• Domingo Casillas v. Scully
  769 F.2d 60· 2d Cir.· 1985-07-25 ·cited 6×
  The court held that the state trial court's refusal to give a lesser-included offense charge was not an error of constitutional magnitude, and the appellate court's affirmance did not violate the Ex Post Facto Clause.
• Napier v. State
  468 So. 2d 446· Fla. 1st DCA· 1985-05-07 ·cited 6×
  Affirmed conviction for trespass and grand theft, but remanded for resentencing on trespass because the judgment indicated conviction under a second-degree misdemeanor statute with a 60-day maximum, not a one-year maximum.
• United States v. Salinas-Ceron
  755 F.2d 726· 9th Cir.· 1985-03-13 ·cited 6×
  A conviction under 31 U.S.C. § 5322(a) does not preclude prosecution for violating 18 U.S.C. § 1001 for the same conduct, as they are distinct offenses.
• Harriet v. Buckbee
  463 So. 2d 1240· Fla. 4th DCA· 1985-02-20 ·cited 6×
  The court held that the trial court did not err in refusing to instruct the jury on culpable negligence as a lesser included offense and in reclassifying the crime due to firearm use.
• Vance Vaughn v. State
  460 So. 2d 505· Fla. 3d DCA· 1984-12-11 ·cited 6×
  Vance Vaughn appeals his conviction for robbery and displaying a firearm during a robbery. The Florida Third District Court of Appeal affirmed his conviction, holding that the trial court's failure to explicitly instruct the jury on the specific intent element of robbery (intent
• Ards v. State
  458 So. 2d 379· Fla. 5th DCA· 1984-11-01 ·cited 6×
  Lorenzo Ards appeals his convictions for grand theft and resisting arrest without violence, challenging the trial court's exclusion of hearsay testimony that another person had committed the theft. The court affirmed, holding that while the statements qualified as declarations ag
• Green v. State
  459 So. 2d 351· Fla. 2d DCA· 1984-10-24 ·cited 6×
  Jessie Barry Green appeals his conviction for sale of cannabis, challenging the trial court's refusal to instruct the jury on delivery without consideration as a lesser included offense. The appellate court affirms, holding that delivery without consideration is not a lesser incl
• Dobbert v. Wainwright
  593 F. Supp. 1418· M.D. Fla.· 1984-09-03 ·cited 6×
  The court held that the state court's findings of fact were presumed correct and supported by the record, and that the petitioner's claims regarding witness testimony reliability and ineffective assistance of counsel lacked merit.
• Plummer v. State
  455 So. 2d 550· Fla. 1st DCA· 1984-08-24 ·cited 6×
  The court held that there is no offense of attempted resisting an officer with violence under Florida law, and a conviction for such a nonexistent offense is reversible error.
• State v. Fuller
  455 So. 2d 357· Fla.· 1984-07-12 ·cited 6×
  The Florida Supreme Court held that an unlawful display of a firearm charge under section 790.07 is not a lesser included offense of second-degree felony murder, and therefore Fuller's sentence for that crime must be reinstated. The Court also rejected Fuller's argument that the
• Young v. State
  454 So. 2d 586· Fla. 4th DCA· 1984-06-27 ·cited 6×
• Johnell Jackson v. State
  449 So. 2d 411· Fla. 2d DCA· 1984-05-04 ·cited 6×
  The trial court erred by refusing to instruct the jury on the lesser included offense of theft when the evidence did not establish the value of the property taken was $100 or more.
• Pugliese v. Perrin
  731 F.2d 85· 1st Cir.· 1984-03-30 ·cited 6×
  The court held that allowing the jury to find negligent homicide based on purposeful, knowing, or reckless conduct violated the petitioner's Fifth Amendment right against double jeopardy through the doctrine of collateral estoppel.
• Bogard v. State
  451 So. 2d 484· Fla. 4th DCA· 1984-02-15 ·cited 6×
• Look v. Amaral
  725 F.2d 4· 1st Cir.· 1984-01-10 ·cited 6×
  The court held that the petitioner's failure to assert his speedy trial right, despite the Commonwealth's negligent 31-month delay, outweighed the delay and any resulting prejudice, and that counsel's strategic decision to forgo a lesser included offense instruction was permissib