Lesser Included Offense

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

• Lincoln v. State
  444 So. 2d 27· Fla. 5th DCA· 1983-12-08 ·cited 6×
  Connie Lincoln was convicted of armed robbery for driving the getaway car after her husband robbed a drug store. The Fifth District affirmed her conviction, holding that driving a getaway car in an evasive manner to avoid police creates a prima facie case of complicity, while cer
• Spencer v. State
  438 So. 2d 864· Fla. 1st DCA· 1983-09-07 ·cited 6×
  Spencer was convicted of armed robbery and unlawful display of a firearm during a felony. The court rejected his double jeopardy and collateral estoppel arguments but reversed his conviction for the lesser included offense of unlawful display of a firearm, holding that a defendan
• Atkinson v. State
  429 So. 2d 726· Fla. 1st DCA· 1983-03-24 ·cited 6×
  Atkinson was convicted of grand theft of a motor vehicle, grand theft of a pistol, kidnapping, sexual battery while armed, and armed robbery. The appellate court affirmed his convictions on all counts but reversed his sentence on the theft of a firearm charge, finding that the th
• Watson v. State
  426 So. 2d 1300· Fla. 2d DCA· 1983-02-23 ·cited 6×
  The court held that the three-year sentence for conspiracy to sell cannabis was illegal because the offense is a first-degree misdemeanor punishable by a maximum of one year imprisonment.
• Bosier v. State
  419 So. 2d 1042· Fla.· 1982-09-09 ·cited 6×
  Dwight Bosier was convicted of delivery of cocaine for consideration under Florida's trafficking statute. The Florida Supreme Court affirmed his conviction, holding that he was charged with delivery (not sale) and therefore was not entitled to a jury instruction on attempted sale
• Alexander v. State
  418 So. 2d 432· Fla. 3d DCA· 1982-08-24 ·cited 6×
  Robert Lee Alexander was convicted of robbery, unlawful firearm possession, obstruction of justice, and petit theft. On appeal, the court affirmed his convictions but vacated the sentence for firearm possession as a lesser included offense of robbery, and found the petit theft co
• Wilson v. Eastmoore
  419 So. 2d 673· Fla. 5th DCA· 1982-08-18 ·cited 6×
  Florida's Fifth District Court of Appeal denied a writ of prohibition challenging a federal district court's order requiring retrial of a defendant convicted of assault on a law enforcement officer. Although the state court disagreed with the federal court's reversal of its own p
• Jordan v. State
  416 So. 2d 1161· Fla. 2d DCA· 1982-06-11 ·cited 6×
  A conviction for a nonexistent crime is void, and a trial court cannot subsequently find guilt on a lesser-included offense if the original conviction was for a legally impossible offense.
• Watkins v. State
  413 So. 2d 1275· Fla. 1st DCA· 1982-05-14 ·cited 6×
  Watkins appealed the trial court's summary denial of his Rule 3.850 post-conviction relief motion. The court held that while three of his five grounds were facially insufficient, two grounds challenging the legality of his sentence raised prima facie issues requiring either attac
• Cooper v. State
  413 So. 2d 1244· Fla. 1st DCA· 1982-04-29 ·cited 6×
  Timothy Cooper appeals his convictions for two counts of attempted first-degree murder, arguing that the prosecution improperly cross-examined him about his silence at a previous trial, violating his constitutional right against self-incrimination. The court reversed the convicti
• Gov't OF the Virgin Islands v. Reviere
  670 F.2d 453· 3d Cir.· 1982-02-10 ·cited 6×
  The court held that even if first-degree assault is a lesser included offense of first-degree robbery, the trial court's imposition of a general sentence on multiple counts, including assault and robbery, was proper and did not require vacating convictions.
• Ira Bruce Miller v. State
  410 So. 2d 557· Fla. 4th DCA· 1982-02-10 ·cited 6×
  Miller challenges the trial court's refusal to instruct the jury on minimum and maximum penalties for the trafficking in cocaine charge, despite being convicted only of the lesser included offense of possession with intent to deliver. The Fourth DCA affirmed the conviction while
• Dobbert v. Strickland
  532 F. Supp. 545· M.D. Fla.· 1982-01-30 ·cited 6×
  The court held that there was sufficient evidence to support a finding of premeditation for first-degree murder and that the admission of marital and collateral crimes evidence did not violate constitutional rights. The sentencing procedures were also found to be constitutional.
• Harlin Wayne Mitchell v. State
  407 So. 2d 343· Fla. 4th DCA· 1981-12-16 ·cited 6×
  Harlin Mitchell appealed his convictions for first-degree burglary, first-degree arson, robbery, attempted second-degree murder, and grand theft. The appellate court reversed his first-degree burglary conviction because the evidence was insufficient to prove an assault—an essenti
• In the Interest of K. L. H.
  407 So. 2d 297· Fla. 4th DCA· 1981-12-14 ·cited 6×
  A Florida appellate court reversed a delinquency adjudication against a minor for violating her speedy trial rights. The trial court improperly extended the 90-day speedy trial period without conducting a required hearing and without proper notice to the defendant, entitling her
• Thomas v. State
  406 So. 2d 538· Fla. 4th DCA· 1981-11-12 ·cited 6×
  Dale Thomas was charged with second-degree murder for fatally stabbing a victim, but the jury convicted him of third-degree murder. On appeal, Thomas argued that since his sole defense at trial was self-defense, there was no underlying felony to support a third-degree murder inst
• Bennett v. State
  405 So. 2d 265· Fla. 4th DCA· 1981-10-28 ·cited 6×
  William Fred Bennett was convicted of second-degree murder and robbery in the shooting death of Kenneth Matus during a home invasion. Bennett appealed on grounds including evidentiary rulings and double jeopardy concerns, but the Fourth District Court of Appeal affirmed the convi
• S. L. S. v. State
  404 So. 2d 1105· Fla. 1st DCA· 1981-10-08 ·cited 6×
  The court held that the accusatory pleading and facts supported a finding of lewd assault as a lesser included offense, even if not a necessarily lesser included offense.
• Illinois v. Zegart
  452 U.S. 948· U.S.· 1981-06-15 ·cited 6×
• State v. Kurns
  397 So. 2d 463· Fla. 2d DCA· 1981-04-29 ·cited 6×
  Florida charged Kurns with attempted first-degree murder, but the jury convicted him of the lesser offense of attempted second-degree murder. The trial court granted Kurns's motion for a new trial, but the appellate court reversed, holding that the trial court properly refused to
• State v. Laury
  397 So. 2d 960· Fla. 5th DCA· 1981-04-15 ·cited 6×
  The appellate court granted the State's petition for certiorari, quashing the trial court's judgment and sentence for manslaughter after the trial court had accepted a negotiated nolo contendere plea to second-degree murder and later reduced the charge.
• Carpenter v. State
  394 So. 2d 144· Fla. 2d DCA· 1981-01-16 ·cited 6×
  A defendant cannot be convicted and sentenced for both battery upon a law enforcement officer and resisting arrest with violence when the same conduct forms the basis for both charges and one is a lesser included offense of the other.
• Cherry v. State
  389 So. 2d 1201· Fla. 1st DCA· 1980-10-17 ·cited 6×
  Cherry was charged with attempted first-degree murder and firearm violation, but convicted by jury of the lesser included offense of aggravated assault with a firearm. The appellate court affirmed the conviction but reversed the sentencing, finding the seven-year sentence exceede
• Carroll Humphreys v. State
  388 So. 2d 607· Fla. 2d DCA· 1980-09-17 ·cited 6×
  Carroll Humphreys appeals his convictions for burglary with a weapon and possession of burglary tools, challenging the imposition of consecutive sentences. The court affirms the burglary conviction but vacates the separate sentence for possession of burglary tools, finding it a l
• Jervis v. Hall
  622 F.2d 19· 1st Cir.· 1980-06-03 ·cited 6×
  The court held that the petitioner's constitutional rights were not violated by the denial of his motion to sever, the allowance of the Commonwealth's motion to amend the indictment, or the challenged evidentiary rulings.
• Hicks v. State
  382 So. 2d 389· Fla. 1st DCA· 1980-04-08 ·cited 6×
  The Florida First District Court of Appeal reversed convictions for aggravated battery, holding that aggravated battery was a lesser included offense of attempted robbery with a deadly weapon where the board used to strike the victim was the only deadly weapon involved and was es
• Johnson v. State
  379 So. 2d 704· Fla. 3d DCA· 1980-02-12 ·cited 6×
  Linda Joan Johnson, a 17-year-old charged with first-degree murder, had jurisdiction waived to adult criminal court for trial on that charge. The state then prosecuted her for the lesser offense of second-degree murder instead. The court held that the transfer of the 'case' inclu
• McCLANAHAN v. State
  377 So. 2d 240· Fla. 2d DCA· 1979-11-28 ·cited 6×
  McClanahan was convicted of involuntary sexual battery with a jury verdict finding no weapon was used, yet the trial court sentenced him to 15 years, the maximum penalty applicable only to charges involving weapons. The appellate court held the verdict necessarily reflected convi
• United States v. Bender
  606 F.2d 897· 9th Cir.· 1979-10-19 ·cited 6×
  A defendant's acquittal on a greater offense does not preclude conviction on a lesser included offense if the factual elements are not identical, but here, the acquittal on the tax evasion charge foreclosed conviction on the false return charge because the disputed factual elemen
• Ross v. State
  373 So. 2d 41· Fla. 2d DCA· 1979-10-10 ·cited 6×
  David Ross was convicted of attempted robbery after demanding a wallet from an undercover deputy while claiming to have a gun. The Florida appellate court reversed because the trial court erred in refusing to instruct the jury on the lesser included offenses of battery and assaul
• State v. Angelia Hudson
  373 So. 2d 666· Fla.· 1979-07-17 ·cited 6×
  The Florida Supreme Court held that petit larceny is not necessarily a lesser included offense of grand larceny. Rather, petit larceny is a category four lesser included offense whose inclusion depends on the accusatory pleading and evidence, particularly whether the value of sto
• United States v. Gormanston Wishart
  582 F.2d 236· 2d Cir.· 1978-08-09 ·cited 6×
  The court held that the district court did not err in refusing to give a lesser-included-offense instruction because the jury could not rationally conclude the defendant was guilty of the lesser offense but not the greater.
• United States v. Adelbert Lone Bear and Merceline Cynthia Red Boy
  579 F.2d 522· 9th Cir.· 1978-07-31 ·cited 6×
  The court held that the government does not need to prove the victim was not the defendant's wife in a federal rape prosecution under 18 U.S.C. §§ 1153 and 2031, unless the defendant raises such a defense.
• United States v. Bulls
  577 F.2d 63· 8th Cir.· 1978-06-12 ·cited 6×
  The court held that the admission of the defendant's statement was proper, and that the jury's verdict was supported by sufficient evidence.
• United States v. Smith
  574 F.2d 707· 2d Cir.· 1978-04-13 ·cited 6×
  The court held that statements made by a juvenile prior to a transfer hearing are admissible in subsequent criminal prosecutions if they are not made in connection with the transfer proceeding itself. The sentence for a lesser included offense was vacated.
• Reynolds v. State
  352 So. 2d 1263· Fla. 2d DCA· 1977-12-16 ·cited 6×
  The court held that the trial court erred by not instructing the jury on lesser included offenses of robbery and by revoking probation without a separate hearing.
• Moore v. State
  352 So. 2d 529· Fla. 4th DCA· 1977-11-09 ·cited 6×
  Johnny William Moore was convicted of grand larceny for stealing approximately $142. The Fourth District Court of Appeal reversed because the trial judge erred in refusing to instruct the jury on petit larceny as a necessarily included offense within the grand larceny charge.
• McDUFFIE v. State
  343 So. 2d 95· Fla. 3d DCA· 1977-03-08 ·cited 6×
  Robert James McDuffie appeals his conviction for grand larceny. The appellate court affirmed the conviction, holding that the trial judge's remark during closing argument did not constitute reversible error because it was not objected to at trial and did not constitute fundamenta
• United States v. Spicer
  547 F.2d 1228· 5th Cir.· 1977-03-02 ·cited 6×
  Force, threats, or intimidation against the person of a federal officer are not essential elements of the crime of forcibly rescuing seized property under 18 U.S.C.A. § 2233.
• Moore v. State
  341 So. 2d 814· Fla. 2d DCA· 1977-01-19 ·cited 6×
  Moore was convicted of robbery after a jury trial, but the trial court erred by refusing to instruct the jury on certain lesser included offenses (assault with intent to commit robbery, grand larceny, and assault with intent to commit grand larceny) that were supported by the evi
• Porter v. State
  341 So. 2d 1017· Fla. 2d DCA· 1977-01-07 ·cited 6×
  The court held that it was error to instruct the jury on entering without breaking a dwelling with intent to commit a felony because the evidence of market value was insufficient to establish grand larceny. However, the sentence is affirmed because the statutes at the time made n
• Williams v. State
  337 So. 2d 1038· Fla. 1st DCA· 1976-10-11 ·cited 6×
  Appellant was convicted of possession of a firearm by a convicted felon, assault with intent to commit murder, and shooting within an occupied building, and received three consecutive 15-year sentences. The First District Court of Appeal affirmed, holding that separate sentences
• United States v. Anderson
  528 F.2d 590· 5th Cir.· 1976-03-12 ·cited 6×
  The court held that the district court did not err in taking judicial notice of the offense location, instructing the jury on judicial notice, or in its conduct of the trial, and that prosecutorial comments were permissible.
• Sands v. State
  328 So. 2d 563· Fla. 3d DCA· 1976-03-09 ·cited 6×
  Ralph Owen Sands was charged with manslaughter by operating a motor vehicle while intoxicated but convicted of the lesser offense of driving under the influence causing property damage and injury. The court reversed his conviction, holding that the lesser offense was a separate a
• Forrest Eugene Smith v. State
  324 So. 2d 699· Fla. 1st DCA· 1976-01-06 ·cited 6×
  Florida appellate court reversed a conviction for grand larceny where the defendant was not charged with that offense, holding that convicting and sentencing a defendant for an offense not charged violates due process.
• United States v. Glanzer
  521 F.2d 11· 9th Cir.· 1975-06-27 ·cited 6×
  The court held that the admission of wiretap transcripts was proper, and the evidence was sufficient to support the conviction.
• Brown v. State
  312 So. 2d 528· Fla. 1st DCA· 1975-05-15 ·cited 6×
  Ernest Brown appealed consolidated convictions for aggravated assault and probation violation. The court reversed both convictions, finding that the trial judge failed to establish a factual basis for the guilty plea and did not adequately inquire into Brown's understanding of hi
• O. A. v. State
  312 So. 2d 202· Fla. 2d DCA· 1975-04-30 ·cited 6×
  A juvenile was adjudicated delinquent for participating in an affray after being found not guilty of assault and battery. The court reversed, holding that because assault and battery is a lesser included offense of affray (not the reverse), and because there was no proof the appe
• United States v. Erwin E. Cooper
  504 F.2d 260· D.C. Cir.· 1974-09-13 ·cited 6×
  The court affirmed convictions, finding that while speedy trial delays and Miranda issues were present, they did not warrant reversal due to lack of significant prejudice and deference to the trial court's findings.
• White v. State
  299 So. 2d 143· Fla. 1st DCA· 1974-07-25 ·cited 6×
  The court held that the jury instruction on aggravated assault was erroneous because it failed to include the element of the victim's well-founded fear of imminent violence, despite the defendant's waiver of lesser included offense instructions.