Lesser Included Offense

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

• Duvall v. State
  835 So. 2d 1224· Fla. 4th DCA· 2003-01-29 ·cited 5×
• Smith v. State
  807 So. 2d 755· Fla. 4th DCA· 2002-02-13 ·cited 5×
  The court held that the trial court erred in summarily denying one of the defendant's postconviction claims regarding ineffective assistance of counsel.
• S.D.W. v. State
  746 So. 2d 1232· Fla. 1st DCA· 1999-12-29 ·cited 5×
  The court held that the trial court erred in finding the appellant guilty of battery on school board personnel for the kicking incident as there was no evidence of intent to kick someone, but affirmed the finding for the initial push. The court also found discrepancies between th
• Vitagliano v. State
  680 So. 2d 500· Fla. 1st DCA· 1996-04-28 ·cited 5×
  Michael Vitagliano was convicted of sexual battery on a child after a retrial following a mistrial on the original charge. The Florida First District Court of Appeal reversed the conviction, holding that retrying him on sexual battery after he had been acquitted of the lesser-inc
• Hedgeman v. State
  661 So. 2d 87· Fla. 2d DCA· 1995-08-25 ·cited 5×
  Jerry Hedgeman was convicted of second-degree murder for his involvement in a shooting death. The appellate court reversed the conviction, finding insufficient evidence that Hedgeman acted as a principal to the crime or knew of the shooter's intent to kill.
• Sonny Daniel Anderson v. State
  669 So. 2d 262· Fla. 5th DCA· 1995-06-16 ·cited 5×
  Anderson was convicted of both perjury in an official proceeding and providing false information in a bail application based on a single false statement made during a bail hearing. The Fifth District Court of Appeal reversed one conviction, holding that these offenses constitute
• United States v. McHAN
  966 F.2d 134· 4th Cir.· 1992-05-04 ·cited 5×
  The court concurred in the judgment and opinion of the court.
• Renard Charles Davis v. State
  590 So. 2d 1071· Fla. 2d DCA· 1991-12-20 ·cited 5×
• State v. Fletcher Embrey Hollinger
  581 So. 2d 153· Fla.· 1991-06-06 ·cited 5×
  Multiple convictions may be imposed for first-degree premeditated murder and use of a firearm during the commission of a felony.
• Bates v. State
  579 So. 2d 849· Fla. 2d DCA· 1991-05-15 ·cited 5×
  Appellant's convictions for robbery with a firearm and burglary with a firearm were affirmed, but his sentence was reversed and remanded because the trial court failed to enter a written order of departure from sentencing guidelines.
• Baker v. State
  578 So. 2d 37· Fla. 4th DCA· 1991-04-17 ·cited 5×
  Baker was charged with strong-arm robbery but convicted of petit theft. On appeal, he challenged the trial court's jury instructions on the value of the stolen property, the inclusion of battery as a lesser included offense, and alleged prosecutorial misconduct. The Fourth Distri
• Doyle J. Williams v. Armontrout
  912 F.2d 924· 8th Cir.· 1990-08-15 ·cited 5×
  The dissenting opinion argues that the state trial court's refusal to instruct the jury on first-degree (felony) murder in a capital case violated due process and equal protection. This refusal stemmed from an inconsistent and arbitrary application of Missouri law by the state ap
• Claudette Robertson v. State
  532 So. 2d 90· Fla. 4th DCA· 1988-10-19 ·cited 5×
  Claudette Robertson was convicted of second-degree murder with a firearm and sentenced to seventeen years imprisonment. The Fourth District Court of Appeal reversed and remanded for a new trial because the trial court failed to instruct the jury on second-degree murder without th
• United States v. Soto
  825 F.2d 616· 1st Cir.· 1987-08-14 ·cited 5×
  Jeopardy did not attach when the district court accepted a guilty plea to a lesser included offense and then rejected the plea without imposing sentence or entering judgment, thus allowing reprosecution on greater charges.
• Norris Ashley v. State
  493 So. 2d 1079· Fla. 3d DCA· 1986-09-09 ·cited 5×
• State v. W.S.L.
  485 So. 2d 421· Fla.· 1986-03-27 ·cited 5×
  The Florida Supreme Court held that a defendant can be convicted and sentenced for both felony murder and the underlying felony, rejecting the lower court's determination that the underlying felony is a necessarily lesser included offense. The Court also addressed the proper proc
• Starkes v. State
  438 So. 2d 1004· Fla. 2d DCA· 1983-10-12 ·cited 5×
  The court held that a trial court's judgment must conform to the jury's verdict, and a clerical error in entering a conviction for a greater offense instead of a lesser-included offense found by the jury must be corrected.
• Marshall v. State
  421 So. 2d 714· Fla. 3d DCA· 1982-11-09 ·cited 5×
  The court held that inconsistent jury verdicts do not require reversal of convictions for armed robbery and sexual battery, even if the jury acquitted the defendant of possessing a firearm during the commission of those felonies.
• State v. Kirkland
  401 So. 2d 1335· Fla.· 1981-07-30 ·cited 5×
  The Florida Supreme Court held that a defendant who pleads nolo contendere to a robbery charge when the victim is still alive does not face double jeopardy when subsequently prosecuted for felony murder after the victim's death, because the murder offense had not been completed a
• Huey W. Thrift v. State
  295 So. 2d 690· Fla. 1st DCA· 1974-06-11 ·cited 5×
  The defendant was charged with torturing or unlawfully punishing a child under age 16. The jury acquitted him of the felony charge but convicted him of the lesser-included misdemeanor offense of unnecessary and excessive chastisement. The trial court erroneously entered judgment
• Cason v. State
  86 Fla. 276· Fla.· 1923-09-17 ·cited 5×
  Allen Cason was convicted of assault with intent to commit murder in the first degree. On appeal, he challenged the sufficiency of evidence, the trial court's failure to instruct the jury on lesser included offenses, and the admission of physical evidence. The Florida Supreme Cou
• Robinson v. State
  328 So. 3d 364· Fla. 1st DCA· 2022-04-13 ·cited 4×
  The appellate court affirmed convictions for sexual battery and lewd molestation but reversed and remanded for resentencing due to erroneous felony classifications and excessive sentences. The court found that while jury instructions on lesser offenses were not fundamental error,
• Alphonso Lucas v. State
  Fla. 3d DCA· 2021-11-03 ·cited 4×
  Alphonso Lucas appealed his convictions for first-degree murder, armed burglary with assault, and aggravated animal cruelty, raising five issues regarding trial court evidentiary rulings, sentencing procedures, and double jeopardy. The appellate court affirmed the convictions on
• United States v. Phillips
  4 F.4th 1171· 11th Cir.· 2021-07-13 ·cited 4×
  The court held that the district court did not constructively amend the indictment by instructing the jury that knowledge of the victim's age was not required for the enticement charge, but that conviction for both possession and receipt of child pornography violated the Double J
• Nouman Khan Raja v. State
  317 So. 3d 139· Fla. 4th DCA· 2021-04-28 ·cited 4×
  A former police officer appeals his conviction for manslaughter by culpable negligence and attempted first degree murder for fatally shooting a motorist whose vehicle broke down on an I-95 off-ramp. The defendant, dressed in plain clothes without identification, responded to inve
• Correll v. Johnson v. State of Fla.
  Fla. 1st DCA· 2021-04-08 ·cited 4×
  The appellate court affirmed in part and reversed in part a conviction for sexually abusing a child. The court reversed the imposition of discretionary fines because the trial court failed to individually pronounce each fine, but affirmed the conviction on one count because the d
• Coleman v. State
  Fla. 2d DCA· 2020-10-02 ·cited 4×
  The appellate court reversed a conviction for attempted first-degree murder, finding it violated double jeopardy. The defendant should have been retried only on the lesser-included offense of attempted second-degree murder, as previously ordered.
• Peret v. State
  301 So. 3d 437· Fla. 2d DCA· 2020-05-01 ·cited 4×
  The appellate court reversed a reckless driving conviction because the trial court improperly excluded evidence of the victim's bias. The court held that the defendant should have been allowed to question the victim about her motive to lie, stemming from a prior eviction by the d
• Daniel v. State
  271 So. 3d 1214· Fla. 1st DCA· 2019-05-06 ·cited 4×
  Appellant was convicted of vehicular homicide and first-degree fleeing or eluding after a high-speed chase resulted in a fatal collision with a minivan. The appellate court vacated the fleeing or eluding conviction based on the single homicide rule, which prohibits dual convictio
• Williams v. State of Fla. – Revised on Rehearing
  261 So. 3d 1248· Fla.· 2019-01-04 ·cited 4×
  The Florida Supreme Court reviewed a case where a defendant claimed self-defense after shooting two individuals during an altercation. The court held that the trial court erred in denying a motion for judgment of acquittal for first-degree murder because the State failed to rebut
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2018-10.
  259 So. 3d 765· Fla.· 2018-12-13 ·cited 4×
  The Florida Supreme Court authorized amendments to seven standard jury instructions in criminal cases, primarily adding the concept of "possession" to various property crime offenses and updating statutory citations to reflect repealed statutes.
• James Ray Parish v. State
  249 So. 3d 734· Fla. 2d DCA· 2018-06-08 ·cited 4×
  A motion to correct sentence under rule 3.800(a) is cognizable where correcting an alleged illegal sentence would not require vacation of the underlying conviction and the error is identifiable on the face of the record. The postconviction court must address whether a defendant's
• Arteaga v. State
  246 So. 3d 533· Fla. 2d DCA· 2018-05-11 ·cited 4×
  A claim of ineffective assistance of counsel based on trial counsel's failure to object to an incomplete manslaughter jury instruction omitting justifiable and excusable homicide is cognizable in a rule 3.850 postconviction motion where either (1) trial evidence implicates a defe
• Martius Develle Holland v. State
  210 So. 3d 238· Fla. 1st DCA· 2017-02-03 ·cited 4×
  The trial court did not err in denying the motion for discharge because the amended information charged a necessarily included lesser offense, not a new offense, and the appellant failed to demonstrate prejudice.
• McCARTHY v. State
  193 So. 3d 1059· Fla. 1st DCA· 2016-06-15 ·cited 4×
  Ryan McCarthy appealed his convictions for unlawful use of a computer service and traveling to meet a minor, arguing they violated double jeopardy. The Florida Supreme Court remanded the case for reconsideration in light of State v. Shelley, and the appellate court reversed and r
• Duclos-Lasnier v. State
  192 So. 3d 1234· Fla. 2d DCA· 2016-05-27 ·cited 4×
  Pierre Duclos-Lasnier was convicted of five crimes involving the online solicitation and enticement of a minor, including using a computer to seduce a child, traveling to meet the child, attempted lewd battery, and transmitting harmful images. The appellate court affirmed his con
• Ortiz v. State
  192 So. 3d 517· Fla. 2d DCA· 2016-04-29 ·cited 4×
  Pedro Ortiz was convicted of aggravated battery on a victim 65 years or older, home invasion robbery, and grand theft of a motor vehicle. On appeal, the Florida Second District Court of Appeal reversed his aggravated battery conviction and sentence because the trial court erred b
• Netrievae White v. State
  183 So. 3d 1168· Fla. 4th DCA· 2016-01-06 ·cited 4×
  Netrievae White was convicted of sexual battery of a minor, a capital felony requiring proof that the defendant was 18 or older. The appellate court reversed because the State failed to present any testimonial or documentary evidence of White's age at trial, relying only on the j
• Smith v. State
  175 So. 3d 906· Fla. 4th DCA· 2015-09-24 ·cited 4×
  Michael Smith was convicted of attempted aggravated battery for choking and robbing a victim. The Florida Fourth District Court of Appeal reversed, holding that the state failed to prove Smith intended to cause great bodily harm, and remanded for conviction on the lesser charge o
• State v. Jalonie McGHEE
  174 So. 3d 470· Fla. 1st DCA· 2015-08-14 ·cited 4×
  The court held that the jury's verdict was not inconsistent, as there was a dispute regarding the nature of the weapon used, and the trial court erred in arresting judgment based on a distinguishable precedent.
• Facin v. State
  188 So. 3d 859· Fla. 1st DCA· 2015-06-24 ·cited 4×
  Joseph Edward Facin appeals his convictions for attempted second-degree murder, possession of a firearm by a convicted felon, and shooting or throwing deadly missiles. Although the trial court gave a fundamentally flawed jury instruction on attempted voluntary manslaughter under
• Geralyn Graham v. State
  169 So. 3d 123· Fla. 3d DCA· 2015-03-11 ·cited 4×
  Geralyn Graham was convicted of kidnapping and two counts of aggravated child abuse related to the disappearance of four-year-old Rilya Wilson, who was in protective custody of the Florida Department of Children and Families (DCF). The appellate court affirmed the conviction, hol
• In re Standard Jury Instructions IN Crim. Cases-Instructions 9.1 & 9.2
  156 So. 3d 495· Fla.· 2015-01-22 ·cited 4×
  The Court authorizes proposed amendments to standard jury instructions for Kidnapping and False Imprisonment in response to legislative changes.
• Kishawn Dowe v. State
  162 So. 3d 35· Fla. 4th DCA· 2014-06-18 ·cited 4×
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reversed Kishawn Dowe's conviction for second degree murder, holding that the trial court committed fundamental error by instructing the jury on manslaughter by culpable negligence where the evidence di
• Moninger v. State
  137 So. 3d 1129· Fla. 4th DCA· 2014-04-02 ·cited 4×
  The trial court committed fundamental error by giving an erroneous jury instruction on manslaughter by act, requiring reversal of the second-degree murder conviction.
• King v. State
  127 So. 3d 684· Fla. 4th DCA· 2013-11-20 ·cited 4×
  The court affirmed the denial of King's rule 3.800(a) motion to correct an allegedly illegal sentence for sale of cocaine, holding that the motion improperly attempted to challenge a conviction rather than correct an illegal sentence and was barred by collateral estoppel.
• Polls v. State
  134 So. 3d 1068· Fla. 4th DCA· 2013-11-20 ·cited 4×
  An erroneous oral jury instruction does not constitute fundamental error if the written instructions provided to the jury were correct and the error did not mislead the jury.
• Keiarra Vonshay Jackson v. State
  120 So. 3d 147· Fla. 4th DCA· 2013-08-21 ·cited 4×
  Keiarra Jackson appeals her convictions for aggravated battery with a firearm and aggravated assault with a firearm. The court affirms her aggravated battery conviction but reverses her aggravated assault conviction, finding that the jury instruction for aggravated assault omitte
• Cartagena v. State
  125 So. 3d 919· Fla. 4th DCA· 2013-05-08 ·cited 4×
  Cartagena was charged with armed sexual battery and armed burglary occurring in 1996 but prosecuted in 2008 after a DNA match. The trial court refused to allow him to waive his statute of limitations defense as to lesser-included offenses of the sexual battery charge, even though
• Olivera v. State
  117 So. 3d 433· Fla. 4th DCA· 2013-03-13 ·cited 4×
  Appellant was convicted of burglary of a dwelling, possession of burglary tools, and grand theft of a dwelling. The court affirmed the burglary and tool possession convictions but reversed the grand theft conviction, finding insufficient evidence of the stolen property's market v