Lesser Included Offense

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

• Cary Aubuchon v. State
  110 So. 3d 55· Fla. 2d DCA· 2013-03-08 ·cited 4×
  Dual convictions for attempted trafficking and possession of the same oxycodone violate double jeopardy principles, requiring vacation of the lesser possession conviction.
• Christ v. State
  104 So. 3d 1262· Fla. 2d DCA· 2013-01-09 ·cited 4×
  Noel Christ appeals his conviction for aggravated assault with a deadly weapon, arguing the trial court erred by refusing to instruct the jury on improper exhibition of a dangerous weapon as a lesser-included offense. The court reversed and remanded for a new trial, finding that
• Everton Baker v. State
  102 So. 3d 756· Fla. 4th DCA· 2012-12-19 ·cited 4×
  The court held that the trial court erred in allowing the state to question the appellant about prior arrests, as the appellant's testimony about profiling and bad experiences with police did not open the door to such inquiry.
• Miles v. State
  94 So. 3d 662· Fla. 5th DCA· 2012-08-10 ·cited 4×
  The court held that two convictions for battery arising from the same criminal transaction, where both offenses require proof of identical elements, violate double jeopardy principles.
• Sanchez v. State
  89 So. 3d 912· Fla. 2d DCA· 2012-02-08 ·cited 4×
  Jimmy Sanchez was convicted of racketeering and conspiracy to commit racketeering based on alleged predicate acts including possession of a concealed weapon and aiding the escape of Ben Garcia. The appellate court reversed both convictions, finding the evidence insufficient to pr
• Mynor Solano v. State
  76 So. 3d 897· Fla.· 2011-10-27 ·cited 4×
  The Court held that the district court's decision should be reconsidered in light of a prior Supreme Court ruling on jury instructions for manslaughter.
• Rodrigo Bonilla v. State
  75 So. 3d 233· Fla.· 2011-10-27 ·cited 4×
  The court held that the district court's reliance on Zeigler was inconsistent with the prior ruling in Montgomery, which found the jury instruction error to be fundamental.
• Austin v. State
  64 So. 3d 139· Fla. 4th DCA· 2011-06-08 ·cited 4×
  Harry Austin appealed his conviction for burglary, grand theft, cocaine possession, drug paraphernalia possession, and resisting an officer. The court affirmed most convictions but reversed the grand theft conviction, finding insufficient evidence that the stolen laptop computer
• Glovacz v. State
  60 So. 3d 423· Fla. 1st DCA· 2011-03-02 ·cited 4×
  Susan Glovacz was convicted of trafficking in hydrocodone, but the Florida District Court of Appeal reversed her conviction because the jury instructions failed to inform jurors that lawful possession of a valid prescription is a defense to the trafficking charge. The court found
• Herrin v. State
  51 So. 3d 1207· Fla. 1st DCA· 2011-01-06 ·cited 4×
  Charles Herrin appealed his conviction for misdemeanor simple battery after being acquitted of sexual battery charges. The court affirmed his conviction but reversed and remanded on a scrivener's error in the probation order that incorrectly stated he entered a nolo contendere pl
• Roberts v. State
  47 So. 3d 380· Fla. 2d DCA· 2010-11-17 ·cited 4×
  The court held that a conviction for improper exhibition of a firearm as a lesser-included offense violates double jeopardy when based on the same conduct as another conviction for the same offense.
• Desmond T. Kenner v. State
  48 So. 3d 117· Fla. 5th DCA· 2010-11-12 ·cited 4×
• Sherwood Joseph v. State
  42 So. 3d 323· Fla. 4th DCA· 2010-08-11 ·cited 4×
  The court held that the trial court's error in giving standard jury instructions on manslaughter was harmless because the defendant's conviction was for crimes two degrees removed from manslaughter and supported by an admissible confession.
• Kishawn Dowe v. State
  39 So. 3d 407· Fla. 4th DCA· 2010-06-23 ·cited 4×
  Kishawn Dowe appeals his convictions for second-degree murder and aggravated assault, challenging the trial court's exclusion of evidence about the neighborhood's dangerousness and the jury instruction on manslaughter. The Fourth District affirms, finding the neighborhood evidenc
• Mynor Solano v. State
  35 So. 3d 930· Fla. 3d DCA· 2010-04-07 ·cited 4×
  Mynor Solano appeals his second-degree murder conviction for killing his former romantic partner, arguing evidentiary error in admitting a cauldron (allegedly related to his Santería religious practice) and fundamental error in jury instructions on manslaughter. The court found t
• J.O. v. State
  42 So. 3d 803· Fla. 3d DCA· 2010-03-24 ·cited 4×
  A conviction for a lesser-included offense is improper if the charging document does not contain all the elements of that offense.
• Pereira v. State
  29 So. 3d 1186· Fla. 5th DCA· 2010-03-12 ·cited 4×
  Jose Pereira appeals the summary denial of his rule 3.850 postconviction motion claiming ineffective assistance of counsel for failing to object to jury instructions on lesser-included offenses. The court reverses, holding that the defendant was entitled to an evidentiary hearing
• Dirk Schuster v. State
  17 So. 3d 304· Fla. 4th DCA· 2009-01-28 ·cited 4×
  Dirk Schuster was convicted of multiple sexual offenses against a 12-year-old child, including lewd and lascivious battery and molestation. The Fourth District Court of Appeal affirmed the conviction, rejecting a double jeopardy challenge and finding that multiple distinct sexual
• Bedford v. State
  970 So. 2d 935· Fla. 4th DCA· 2008-01-02 ·cited 4×
  Mark Bedford appeals the summary denial of his rule 3.850 postconviction motion challenging a conviction for delivery of a counterfeit controlled substance, arguing the conviction constitutes fundamental error because he was convicted of an uncharged crime. The Fourth District af
• Brumit v. State
  971 So. 2d 205· Fla. 4th DCA· 2007-12-31 ·cited 4×
  Jody Brumit petitioned for habeas corpus relief after her conviction for aggravated child abuse was reversed on direct appeal and remanded for resentencing on the lesser offense of child abuse. The court granted her petition, holding that her similarly situated co-defendant Festa
• Thompson v. State
  969 So. 2d 1223· Fla. 1st DCA· 2007-12-17 ·cited 4×
  The court held that the failure to instruct on a lesser-included offense was not preserved for review, but the sentence must be vacated because the trial court failed to renew the offer of appointed counsel at sentencing.
• Wiggins v. State
  967 So. 2d 417· Fla. 1st DCA· 2007-10-30 ·cited 4×
  Andrew Wiggins was convicted of two counts of possession of cocaine arising from a single quantity of cocaine, from which he sold a portion to undercover police. The First District Court of Appeal reversed one conviction, holding that dual possession convictions for the same quan
• Hebert v. State
  962 So. 2d 1068· Fla. 4th DCA· 2007-09-12 ·cited 4×
  Kenneth Hebert was convicted of aggravated assault on a law enforcement officer with intent to commit escape and escape after a confrontation with a deputy. The Fourth District Court of Appeal reversed these convictions, holding that insufficient evidence demonstrated either phys
• Cruz v. State
  956 So. 2d 1279· Fla. 4th DCA· 2007-06-06 ·cited 4×
  William Cruz appeals his convictions for multiple offenses arising from a high-speed chase and collision with police vehicles. The Fourth District affirms, holding that Cruz's convictions for high-speed fleeing and reckless driving do not violate double jeopardy because they cont
• Neals v. State
  962 So. 2d 926· Fla. 4th DCA· 2007-06-06 ·cited 4×
  Edward Neals was convicted of dealing in stolen property under Florida Statute 812.019(1) for trafficking in clothing he knew was stolen. On appeal, Neals argued the trial court erred in refusing to instruct the jury on the lesser-included offense of theft, but the court affirmed
• Renaldo Gary Coleman v. State
  956 So. 2d 1254· Fla. 2d DCA· 2007-05-30 ·cited 4×
  Renaldo Coleman appeals his convictions for seven crimes, challenging whether certain convictions violate double jeopardy principles. The court affirms most convictions but reverses convictions for home-invasion robbery, armed burglary of a dwelling, and burglary of a dwelling wi
• Kendrick Stafford v. State
  956 So. 2d 525· Fla. 4th DCA· 2007-05-09 ·cited 4×
  Appellant Stafford challenged his conviction for dealing in stolen property, claiming the trial court erred by excluding his exculpatory statement and refusing to instruct the jury on petit theft as a lesser included offense. The Fourth District Court of Appeal affirmed the convi
• In re Standard Jury Instructions IN Crim. Cases (No. 2005-6)
  958 So. 2d 361· Fla.· 2007-05-03 ·cited 4×
  The Florida Supreme Court authorized the publication and use of amended and new standard jury instructions for criminal cases involving driver's license violations. The Court approved amendments to instructions 28.9 and 28.11, and adopted two new instructions 28.9(a) and 28.11(a)
• Mitchell v. State
  954 So. 2d 1263· Fla. 5th DCA· 2007-04-27 ·cited 4×
  Florida appellate court affirmed Mitchell's convictions for battery and false imprisonment but reversed in part to strike an improper probation condition and an unauthorized court facility fee.
• Hoswell v. State
  948 So. 2d 820· Fla. 4th DCA· 2007-01-17 ·cited 4×
  Malcolm Hoswell appeals the summary denial of his post-conviction motion raising 28 claims. The appellate court finds one claim legally sufficient: that trial counsel failed to inform him of potential enhanced sentencing as a habitual offender, which may have affected his plea ne
• Duff v. State
  942 So. 2d 926· Fla. 5th DCA· 2006-11-09 ·cited 4×
  Sean Duff was convicted of driving while license revoked as a habitual traffic offender after previously pleading guilty to driving while license suspended for the same driving incident. The Fifth District Court of Appeal reversed, holding that the successive prosecution violated
• In re Amendments TO Fla. Rules OF Crim. Procedure 3.170 & 3.172
  938 So. 2d 978· Fla.· 2006-09-21 ·cited 4×
  The Florida Supreme Court adopted emergency amendments to Florida Rules of Criminal Procedure 3.170 and 3.172 to ensure consistency with chapter 2006-292, Laws of Florida, which requires courts to inquire into the existence of exculpatory DNA evidence before accepting guilty plea
• Diaz-Gonzalez v. State
  932 So. 2d 528· Fla. 3d DCA· 2006-06-21 ·cited 4×
  The court affirmed the conviction for aggravated assault and violation of an injunction, but reversed the conviction for obstruction by disguise.
• Festa v. State
  927 So. 2d 1049· Fla. 4th DCA· 2006-05-10 ·cited 4×
  A defendant cannot be retried for a lesser included offense if that offense was not presented to the jury in the original trial, even if the conviction was reversed due to insufficient evidence.
• Leveille v. State
  927 So. 2d 1008· Fla. 4th DCA· 2006-04-19 ·cited 4×
  Robert Leveille was convicted of child abuse and unnatural and lascivious acts with a minor, but acquitted of the greater charge of lewd or lascivious battery involving sexual penetration. The court reversed his sentence because the trial court improperly assessed sexual contact
• Jackson v. State
  920 So. 2d 737· Fla. 5th DCA· 2006-02-10 ·cited 4×
  Jackson appealed his convictions for lewd and lascivious battery and interference with child custody, challenging the trial court's denial of a jury instruction on simple battery as a lesser included offense. The Fifth District Court of Appeal held that the defendant was entitled
• Gresham v. State
  908 So. 2d 1114· Fla. 1st DCA· 2005-07-20 ·cited 4×
  The court held that the amended information was not fatally defective and that the defendant failed to preserve the issue of a jury instruction on a lesser included offense for appellate review.
• Ferney Zapata v. State
  905 So. 2d 944· Fla. 3d DCA· 2005-06-22 ·cited 4×
  Ferney Zapata appealed his convictions for aggravated battery and battery arising from beating his ex-girlfriend against a wall and car. The appellate court agreed that a wall cannot constitute a deadly weapon and that convicting him of both battery and aggravated battery for the
• Stuckey v. State
  907 So. 2d 1208· Fla. 5th DCA· 2005-06-17 ·cited 4×
  Stuckey was convicted of robbery for taking DVDs from Sam's Club while resisting employees' efforts to stop him. The court reversed, holding that he was entitled to a jury instruction on the lesser included offense of resisting a merchant, despite the State's charging document fa
• Arroyo v. State
  901 So. 2d 1014· Fla. 4th DCA· 2005-05-18 ·cited 4×
  Richard Arroyo appeals his conviction for aggravated fleeing and eluding and driving with a suspended license, challenging the jury instruction as confusing and misleading. The Fourth District Court of Appeal affirmed the conviction and sentence, finding the jury instruction on t
• Gennaro Calabrese v. State
  886 So. 2d 396· Fla. 1st DCA· 2004-11-15 ·cited 4×
  Calabrese was convicted of conspiracy to traffic in cocaine after a jury acquitted him of the underlying trafficking charge. The appellate court reversed, finding that the trial court committed fundamental error by failing to instruct the jury on the 'independent act' doctrine as
• Whyte v. State
  881 So. 2d 1183· Fla. 5th DCA· 2004-08-27 ·cited 4×
  David Whyte was convicted of aggravated battery with a firearm as a lesser included offense of attempted second degree murder arising from shooting his wife. The court reversed the conviction on count I and remanded to reinstate the conviction on count II, finding the trial court
• Thornton v. State
  884 So. 2d 276· Fla. 2d DCA· 2004-08-18 ·cited 4×
  Brent Michael Thornton was convicted of sexual battery on his daughter and sentenced to life imprisonment as a sexual predator. The Florida District Court of Appeal reversed his conviction because the State presented insufficient evidence of vaginal penetration, which is a requir
• Shannetta M. Davis v. State
  866 So. 2d 1251· Fla. 4th DCA· 2004-02-11 ·cited 4×
  Davis appeals the denial of her post-conviction relief motion claiming ineffective assistance of counsel because her attorney conceded guilt to DUI and giving a false name during opening and closing statements. The Fourth District affirmed, holding that counsel's admissions to le
• Brandful v. State
  858 So. 2d 367· Fla. 3d DCA· 2003-11-05 ·cited 4×
  Jerome Brandful appealed his convictions for resisting an officer without violence and disorderly conduct. The appellate court affirmed the convictions but reversed and remanded for resentencing before a different judge, finding that the trial judge imposed vindictively harsh sen
• B.B.P. v. State
  841 So. 2d 687· Fla. 2d DCA· 2003-04-11 ·cited 4×
  B.B.P., a juvenile, was charged with dealing in stolen property but the trial court found him guilty of the nonexistent offense of 'possession of recently stolen property.' The appellate court reversed and remanded for dismissal because possession of stolen property does not exis
• J.J. v. State
  842 So. 2d 266· Fla. 2d DCA· 2003-04-11 ·cited 4×
  J.J. appeals a delinquency adjudication for aggravated fleeing to elude and leaving the scene of an accident. The court affirms the fleeing conviction but reverses the leaving-the-scene conviction because the trial court convicted J.J. of a nonexistent crime—leaving the scene of
• Gonzalez v. State
  841 So. 2d 650· Fla. 3d DCA· 2003-04-09 ·cited 4×
  Javier Gonzalez was convicted of armed burglary of a dwelling without assault (a lesser included offense) and possession of burglary tools. The Third District Court of Appeal affirmed the burglary conviction but reversed the burglary tools conviction, finding insufficient evidenc
• Morgan v. State
  840 So. 2d 1151· Fla. 5th DCA· 2003-03-28 ·cited 4×
  The court held that while most claims of ineffective assistance of counsel were properly denied, a claim regarding an illegal sentence exceeding the statutory maximum warrants further review.
• Judd v. State
  839 So. 2d 830· Fla. 4th DCA· 2003-03-05 ·cited 4×
  Appellant Judd was charged with serious felonies including armed kidnapping, armed burglary, armed sexual battery, and attempted murder. A jury convicted him of lesser included offenses—three counts of misdemeanor battery and lesser felonies—but the appellate court reversed two o