Lesser Included Offense

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

• McGUIRE v. State
  288 So. 2d 271· Fla. 4th DCA· 1974-01-18 ·cited 6×
  Bessie Mae McGuire was convicted of breaking and entering with intent to commit a felony and grand larceny when she drove her fourteen-year-old son to a Lutheran Church to pick up a lawnmower he claimed to have purchased. The Florida District Court of Appeal reversed the convicti
• Gordan v. State
  288 So. 2d 295· Fla. 4th DCA· 1974-01-18 ·cited 6×
  The court held that the admission of similar fact evidence was proper and that the timing of cautionary instructions is within the trial judge's discretion.
• Rush Johnston v. State
  283 So. 2d 120· Fla. 1st DCA· 1973-09-20 ·cited 6×
  The court held that the trial court erred in not granting a directed verdict for Bare Assault and in trying the appellant on a substantially changed charge under the Statute of Limitations, but affirmed the conviction for using an automobile without authority.
• Guerrero v. State
  281 So. 2d 557· Fla. 3d DCA· 1973-07-03 ·cited 6×
  Alberto Guerrero was convicted of breaking and entering a dwelling with intent to commit grand larceny and petit larceny after being observed removing a television set and sweaters from a victim's apartment. The Third District Court of Appeal affirmed the convictions, holding tha
• Cowart v. State
  277 So. 2d 821· Fla. 1st DCA· 1973-05-10 ·cited 6×
  Donald and John Wayne Cowart appealed their convictions by jury verdict, challenging whether the trial court erred by not instructing the jury on necessarily included lesser offenses. The court affirmed the convictions, holding that while such instructions are generally mandatory
• Glenn v. State
  271 So. 2d 23· Fla. 2d DCA· 1972-12-20 ·cited 6×
  The court held that the legal sufficiency of evidence and failure to instruct on lesser included offenses cannot be raised in a post-conviction relief motion.
• Hoke Larry Turner v. State
  267 So. 2d 882· Fla. 2d DCA· 1972-10-27 ·cited 6×
  Turner was convicted of breaking and entering with intent to commit petit larceny but acquitted of the underlying petit larceny itself. The court affirmed, holding that these are two separate substantive offenses and that conviction on the breaking and entering charge does not re
• Ford Allen Carr v. State
  264 So. 2d 871· Fla. 1st DCA· 1972-08-01 ·cited 6×
  Appellant's conviction for possession and delivery of LSD was affirmed, but the trial court's imposition of two concurrent sentences was reversed because both crimes constituted a single transaction under Florida law, requiring only one sentence.
• Rayner v. State
  264 So. 2d 74· Fla. 2d DCA· 1972-06-14 ·cited 6×
  Alexander Rayner appeals his conviction for two counts of robbery by jury verdict. The appellate court affirmed the conviction, finding the evidence sufficient to establish aiding and abetting, rejecting claims of evidentiary error regarding witness testimony, and holding that Ra
• Odes Neal Hamilton v. State
  261 So. 2d 184· Fla. 3d DCA· 1972-04-25 ·cited 6×
  The court held that the trial judge's comments on the evidence, while potentially susceptible to misinterpretation, were rendered harmless by a subsequent curative instruction that properly explained the law.
• Smith v. State
  259 So. 2d 498· Fla. 1st DCA· 1972-03-23 ·cited 6×
  The court held that the trial court did not err in instructing the jury on lesser included offenses for assault with intent to commit murder, nor in withholding sentence on other counts.
• Owings v. Secretary OF the United States AIR Force (Safos)
  447 F.2d 1245· D.C. Cir.· 1971-06-30 ·cited 6×
  The court held that the issuance of checks for military payment certificates, even if later exchanged for gambling slugs, does not constitute a gambling transaction for purposes of military law, and thus the conviction for wrongful appropriation was not a constitutional defect.
• Williams v. State
  250 So. 2d 11· Fla. 3d DCA· 1971-06-29 ·cited 6×
  The court held that the evidence was insufficient to support a larceny conviction but sufficient for resisting an officer with violence, and that intoxication is not a defense to resisting arrest.
• Logan v. United States
  411 F.2d 679· D.C. Cir.· 1968-12-10 ·cited 6×
  The court held that the trial judge's jury instructions regarding malice aforethought and manslaughter were adequate and did not constitute plain error.
• United States v. McCARTHY
  387 F.2d 838· 7th Cir.· 1968-01-10 ·cited 6×
  The court held that the district court properly accepted the defendant's guilty plea and entered judgment, satisfying the requirements of Federal Rules of Criminal Procedure 11 and 32(a)(1).
• Mihailoviki v. State OF Cal.
  364 F.2d 808· 9th Cir.· 1966-07-27 ·cited 6×
  The court held that the prisoner's constitutional claims were without merit and that the petition for a writ of habeas corpus was properly denied.
• Ciullo v. United States
  325 F.2d 227· D.C. Cir.· 1963-10-31 ·cited 6×
  The court held that the defense testimony affirmatively established the elements of obtaining and reliance, thus the trial court did not err in refusing to charge the jury on the lesser included offense of passing a bad check.
• Britton v. United States
  301 F.2d 531· D.C. Cir.· 1962-04-05 ·cited 6×
  The court held that the trial court did not commit reversible error by refusing a request for a lesser included offense instruction when the request was made late and lacked specificity.
• Edmond Marshall v. State
  89 So. 2d 1· Fla.· 1956-07-25 ·cited 6×
  Edmond Marshall was convicted of two counts related to illegal untaxed liquor: possession of moonshine without Florida excise tax stamps and concealing untaxed intoxicating beverage. The Florida Supreme Court affirmed the conviction, rejecting Marshall's double jeopardy defense a
• White v. Humphrey
  212 F.2d 503· 3d Cir.· 1954-04-22 ·cited 6×
  The court held that the law member's instructions, though minimal by later standards, complied with the governing court-martial law at the time of trial and did not deny the appellant due process.
• Wilson v. State
  155 Fla. 511· Fla.· 1945-01-26 ·cited 6×
  The court held that a jury's verdict finding guilt of armed robbery but specifically stating no intent to kill or maim, when coupled with jury instructions allowing such a verdict, could be interpreted as a conviction for unarmed robbery, not an acquittal.
• United States v. Shusta Traverse Gumbs
  964 F.3d 1340· 11th Cir.· 2020-07-15 ·cited 5×
  The Eleventh Circuit affirmed the conviction, holding that the district court did not abuse its discretion in refusing certain jury instructions and in its response to a jury question, and that the evidence was sufficient for conviction.
• Kimmons v. State
  267 So. 3d 1082· Fla. 1st DCA· 2019-04-03 ·cited 5×
  Steven Earl Kimmons appeals his probation revocation and five-year prison sentence imposed after he was convicted of one count of sexual battery while on probation for grand theft of an automobile. The court affirmed the revocation based on the new conviction but remanded for the
• Stoffel v. State
  247 So. 3d 89· Fla. 1st DCA· 2018-05-16 ·cited 5×
  Battery is not a proper lesser-included offense of lewd or lascivious molestation because a parent or person in loco parentis cannot commit battery against a child through non-abusive touching; any lewd touching by such a person constitutes molestation rather than battery. The tr
• Straitiff v. State
  228 So. 3d 1173· Fla. 5th DCA· 2017-10-13 ·cited 5×
  A petitioner convicted of soliciting a minor via the internet and traveling to meet that minor seeks habeas corpus relief to vacate his solicitation conviction as a double jeopardy violation. The Florida Supreme Court's decision in State v. Shelley established that dual convictio
• Stevens v. State
  226 So. 3d 787· Fla.· 2017-09-14 ·cited 5×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant charged with first-degree arson is entitled to a jury instruction on second-degree arson when the evidence undisputedly shows the burned structure was a dwelling. The Court held th
• Kruse v. State
  222 So. 3d 13· Fla. 4th DCA· 2017-07-12 ·cited 5×
  Ronnie Kruse was convicted of felony battery with prior conviction (lesser included offense of felony battery on an elderly person). The appellate court reversed his conviction, finding that his trial counsel was constitutionally ineffective for failing to request a jury instruct
• Snow v. State
  193 So. 3d 1091· Fla. 1st DCA· 2016-06-21 ·cited 5×
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-07
  192 So. 3d 1190· Fla.· 2016-05-12 ·cited 5×
  The Florida Supreme Court authorized amendments to existing standard criminal jury instructions and one new instruction related to DUI, BUI, hit-and-run, and fleeing/eluding offenses. The Court clarified the definition of "impaired" and declined to address a mens rea issue regard
• Gland v. State
  166 So. 3d 900· Fla. 2d DCA· 2015-06-05 ·cited 5×
  The court held that giving an erroneous standard jury instruction for manslaughter by act, which required a finding of intent, constitutes fundamental error even when the defendant claims misidentification and a manslaughter by culpable negligence instruction is also given.
• Johnson v. State
  164 So. 3d 794· Fla. 1st DCA· 2015-06-02 ·cited 5×
  Lester Johnson appealed his convictions for cocaine sale within 1000 feet of a church and possession with intent to sell, arguing the trial court erred by not reinstruct the jury when it marked him guilty of both the main offense and the lesser-included offense on the verdict for
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2014-07
  163 So. 3d 478· Fla.· 2015-04-30 ·cited 5×
  The Florida Supreme Court authorized amendments to existing standard criminal jury instructions and approved three new instructions, with the exception of two instructions concerning traveling to meet a minor pending resolution of a double jeopardy issue in a companion case.
• Nieves v. State
  144 So. 3d 649· Fla. 2d DCA· 2014-08-08 ·cited 5×
  Upon remand from the Florida Supreme Court, the appellate court reconsidered Angel Manuel Nieves' conviction for second-degree murder in light of Haygood v. State, concluding that the erroneous jury instruction on manslaughter by act did not constitute fundamental error because i
• Owens v. State
  141 So. 3d 259· Fla. 3d DCA· 2014-07-02 ·cited 5×
• State v. Jarvis Gerrard Green
  149 So. 3d 1146· Fla. 2d DCA· 2014-06-18 ·cited 5×
  The State appealed a trial court's order that reduced Green's burglary conviction to trespass based on a motion for judgment of acquittal. The Florida District Court of Appeal reversed, holding that trespass is only a permissive lesser-included offense of burglary, not a necessar
• Chavers v. State
  115 So. 3d 1017· Fla. 1st DCA· 2013-05-09 ·cited 5×
  The court held that the trial court erred in denying suppression of the defendant's statements because the defendant's waiver of his Miranda rights was not knowing and intelligent, and that the omission of a second-degree murder jury instruction constituted fundamental error.
• Graham v. State
  100 So. 3d 755· Fla. 1st DCA· 2012-11-07 ·cited 5×
  April Graham was charged with burglary and attempted first-degree murder but convicted of the lesser-included offenses of trespass and aggravated battery. She appeals her aggravated battery conviction on three grounds related to jury instructions, but the court affirms because no
• Edgardo Estremera v. State
  89 So. 3d 291· Fla. 5th DCA· 2012-06-01 ·cited 5×
  Estremera was convicted of burglary, robbery, assault, and petit theft after a jury trial. The Florida Fifth District Court of Appeal held that his convictions for assault and petit theft violated double jeopardy principles as they were lesser included offenses of the robbery con
• Gland v. State
  72 So. 3d 216· Fla. 2d DCA· 2011-10-05 ·cited 5×
  The court held that while admitting a tattoo as evidence of guilt and the State's argument thereon was error, it was harmless. The court also held that an erroneous jury instruction on manslaughter by act was not fundamental error when a correct instruction on manslaughter by cul
• Ballard v. McNeil
  785 F. Supp. 2d 1299· N.D. Fla.· 2011-03-25 ·cited 5×
  The court adopts the Magistrate Judge's Report and Recommendation, denying the petition for a writ of habeas corpus.
• Rushing v. State
  133 So. 3d 943· Fla. 1st DCA· 2010-06-21 ·cited 5×
  Chad Douglas Rushing was convicted of attempted second-degree murder after a jury rejected the attempted first-degree murder charge but was instructed on the lesser included offense of attempted voluntary manslaughter using a standard jury instruction. The First District Court of
• Lester v. State
  25 So. 3d 623· Fla. 3d DCA· 2009-12-23 ·cited 5×
  The court held that the information charging second-degree murder by punching the victim in the face sufficiently alleged great bodily harm to support a jury instruction on aggravated battery as a lesser included offense.
• Carswell v. State
  23 So. 3d 195· Fla. 4th DCA· 2009-11-18 ·cited 5×
  Fred Carswell III appealed the denial of his post-conviction relief motion, and the court treated the appeal as a petition for writ of habeas corpus to address a manifest injustice. The court held that the trial court properly vacated the aggravated battery conviction because the
• Erskine v. State
  23 So. 3d 1207· Fla. 3d DCA· 2009-10-28 ·cited 5×
  Erskine appeals convictions for trespass in a conveyance, fleeing or attempting to elude a law enforcement officer, and resisting an officer without violence following a vehicle pursuit and foot chase in Miami-Dade County. The court affirms the convictions but reduces the fleeing
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT NO. 2009-03
  18 So. 3d 523· Fla.· 2009-07-09 ·cited 5×
  The Florida Supreme Court approved amendments to standard jury instruction 28.1(a) for Driving Under the Influence Causing Property Damage or Injury, specifically to include statutory presumptions of impairment based on blood or breath-alcohol levels established by Florida Statut
• Konrath v. State
  997 So. 2d 1281· Fla. 5th DCA· 2009-01-09 ·cited 5×
• Clinton v. State
  970 So. 2d 412· Fla. 4th DCA· 2007-11-14 ·cited 5×
  John Clinton was convicted of aggravated battery after being acquitted of attempted first degree murder. The appellate court affirmed his conviction, rejecting arguments that evidence of a racial slur was improperly admitted, that his conviction violated double jeopardy protectio
• Rodriguez v. State
  958 So. 2d 469· Fla. 2d DCA· 2007-05-11 ·cited 5×
  A defendant's nolo contendere plea does not preclude a double jeopardy challenge when the violation is apparent from the record and the plea was not a bargained-for exchange for a specific benefit.
• McCLENITHAN v. State
  855 So. 2d 675· Fla. 2d DCA· 2003-09-26 ·cited 5×
  Charles Leroy McClenithan appeals his convictions for aggravated assault, armed trespass, shooting into a building, and possession of a firearm during a domestic violence injunction. The court reversed his aggravated assault conviction because it was a lesser-included offense not
• Brooks v. State
  837 So. 2d 1125· Fla. 4th DCA· 2003-02-19 ·cited 5×
  James Brooks appealed his sentence as a habitual violent felony offender (HVFO), arguing that carjacking—the predicate offense used to enhance his sentence—is not an enumerated offense under Florida's sentencing statute. The court agreed and reversed, holding that carjacking does