Lesser Included Offense

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

• Bennett v. State
  823 So. 2d 849· Fla. 1st DCA· 2002-08-20 ·cited 4×
  Bennett was convicted of simple possession of cocaine after being charged with possession with intent to sell cocaine. The appellate court reversed because the prosecutor improperly suggested the jury could convict Bennett of possession of trace cocaine found in a baggie, which w
• State v. Quintus Tyrone Higdon
  814 So. 2d 1196· Fla. 2d DCA· 2002-04-19 ·cited 4×
  The court held that the trial court erred in reducing a conviction for sale of cannabis within 1000 feet of a convenience business to simple possession, as sale of cannabis is a necessarily lesser-included offense.
• Jenkins v. State
  813 So. 2d 182· Fla. 4th DCA· 2002-03-20 ·cited 4×
  The court held that convictions for sexual battery and attempted sexual battery arising from a single criminal episode violate double jeopardy principles.
• Washington v. State
  813 So. 2d 59· Fla.· 2002-02-28 ·cited 4×
  The Florida Supreme Court reversed Washington's conviction for possession of a controlled substance, holding that the trial court erred by refusing to give a jury instruction requiring the State to prove Washington knew of the illicit nature of the substance he possessed. Knowled
• Richardson v. State
  809 So. 2d 69· Fla. 2d DCA· 2002-02-08 ·cited 4×
  Anthony Richardson was convicted of cocaine possession and sentenced to five years in prison after rejecting a three-year plea offer and exercising his right to trial. He appealed arguing the increased sentence constituted judicial vindictiveness, but the court affirmed because t
• Truitt v. State
  787 So. 2d 53· Fla. 2d DCA· 2001-02-23 ·cited 4×
  The court held that victim injury points for a death should not be added to a sentencing scoresheet when the defendant is convicted of aggravated battery, not murder.
• State v. Nardi
  779 So. 2d 596· Fla. 4th DCA· 2001-02-21 ·cited 4×
  Dual convictions for attempted sexual battery and burglary of a dwelling with battery do not violate double jeopardy principles.
• Green v. State
  778 So. 2d 325· Fla. 4th DCA· 2000-12-27 ·cited 4×
  Defendant Green appeals his convictions for cocaine possession and sale within 1,000 feet of a school, challenging the imposition of a mandatory minimum sentence. The Fourth District affirmed, holding that the verdict form's specific reference to selling cocaine "near a school as
• Stokes v. State
  773 So. 2d 1239· Fla. 4th DCA· 2000-12-13 ·cited 4×
  Anthony Stokes appealed his convictions for armed burglary of a conveyance and aggravated assault. The court affirmed the armed burglary conviction but reversed the aggravated assault conviction, holding that aggravated assault is not a necessarily included offense of aggravated
• Jemmott v. State
  779 So. 2d 472· Fla. 2d DCA· 2000-11-03 ·cited 4×
  Edwin Jemmott appeals his conviction for aggravated battery and 117-month sentence, challenging the trial court's denial of a jury instruction on justifiable use of nondeadly force for the lesser included battery charge. Although the court found the denial to be error, it affirme
• Sanders v. State
  769 So. 2d 506· Fla. 5th DCA· 2000-10-20 ·cited 4×
  The court held that the evidence presented a jury question as to whether the defendant's actions constituted robbery, rather than the lesser offense of robbery by sudden snatching.
• Harrison v. State
  755 So. 2d 820· Fla. 5th DCA· 2000-04-28 ·cited 4×
  Appellant was convicted of robbery, trespass, and battery arising from stealing clothes from a store and pushing a security guard. The court held that the battery conviction must be vacated because the force element constituting the battery was inherent in and inseparable from th
• Janos v. State
  763 So. 2d 1094· Fla. 4th DCA· 1999-12-15 ·cited 4×
  Janos sought a writ of prohibition to prevent prosecution for felony driving with a suspended license (DWLS) after he pleaded nolo contendere to a misdemeanor DWLS charge through an administrative procedure authorized by Florida statute. The court granted prohibition, holding tha
• Maximino v. State
  747 So. 2d 448· Fla. 4th DCA· 1999-12-15 ·cited 4×
  The appellant was acquitted of sexual battery but convicted of burglary of an occupied dwelling. The court reversed and ordered a new trial because the trial court induced the appellant to forgo jury instructions on lesser included offenses by promising to set aside an inconsiste
• PEA v. State
  737 So. 2d 1162· Fla. 5th DCA· 1999-07-02 ·cited 4×
  A defendant cannot be convicted of felony battery under a statute that enhances a misdemeanor battery conviction based on prior offenses if the charging document does not allege the prior offenses, even if those offenses are alleged in a separate count.
• Ackerman v. State
  737 So. 2d 1145· Fla. 1st DCA· 1999-06-22 ·cited 4×
  Kenneth Ackerman appeals his conviction for DUI Manslaughter-Leaving the Scene after he struck and killed a pedestrian while driving under the influence and fled the scene. The appellate court affirmed the conviction, rejecting challenges to the sufficiency of evidence, jury inst
• Pruett v. State
  731 So. 2d 113· Fla. 1st DCA· 1999-04-16 ·cited 4×
  Max Pruett appealed his convictions for simple battery and battery upon a person 65 years or older, arising from a single altercation. The court reversed his simple battery conviction as violating double jeopardy principles, while affirming his conviction for battery on an elderl
• Hausen v. State
  730 So. 2d 327· Fla. 5th DCA· 1999-02-26 ·cited 4×
  The court held that convictions for sexual battery and lewd act based on the same conduct violate double jeopardy, requiring vacation of the lesser conviction.
• A.J. v. State
  721 So. 2d 761· Fla. 2d DCA· 1998-11-13 ·cited 4×
  A juvenile was charged with aggravated child abuse but the trial court found her guilty of the lesser offense of misdemeanor child abuse based on culpable negligence. The appellate court reversed, holding that misdemeanor child abuse is not a lesser-included offense of aggravated
• State v. Williams
  731 So. 2d 635· Fla.· 1998-10-29 ·cited 4×
  The Florida Supreme Court held that the 1997 amendment to Florida Rule of Criminal Procedure 3.180(b) cannot be applied retroactively to cases where jury selection occurred before the amendment's effective date of January 1, 1997. The Court also clarified that a valid waiver of a
• State v. Perez
  718 So. 2d 912· Fla. 5th DCA· 1998-09-25 ·cited 4×
  The State of Florida appeals the trial court's reversal of a vehicular homicide conviction based on the jury's inconsistent verdicts (guilty of vehicular homicide, not guilty of reckless driving). The Fifth District reverses, holding that the verdicts are permissible inconsistent
• State v. Connelly
  716 So. 2d 283· Fla. 5th DCA· 1998-07-02 ·cited 4×
  The State appealed a trial court's grant of a motion for arrest of judgment based on inconsistent verdicts where a jury convicted Connelly of introducing cannabis at a detention facility but acquitted him of the lesser-included offense of simple possession of the same cannabis. T
• Childers v. State
  713 So. 2d 431· Fla. 2d DCA· 1998-05-29 ·cited 4×
  John Childers was convicted in 1996 of the 1983 first-degree murder of his wife, Debbie Childers. He appealed, challenging the trial court's refusal to instruct the jury on lesser included offenses and its denial of his motion for judgment of acquittal on premeditation. The appel
• Duncan v. State
  703 So. 2d 1069· Fla. 5th DCA· 1997-07-25 ·cited 4×
  Marcus Duncan appealed his second degree murder conviction, challenging a jury instruction that improperly merged voluntary and involuntary manslaughter instructions. The court affirmed the conviction as the instructional error was not fundamental without trial objection, but rem
• Weeks v. State
  696 So. 2d 1319· Fla. 1st DCA· 1997-07-22 ·cited 4×
  Dale Weeks appeals his convictions and sentences for battery, sexual battery, and false imprisonment. The court affirmed his convictions but reversed and remanded for resentencing because the trial judge imposed sentences exceeding the statutory maximums for second-degree and thi
• Ramos v. State
  696 So. 2d 461· Fla. 4th DCA· 1997-07-02 ·cited 4×
  Martha Ramos was convicted of being an accessory after the fact to a bank robbery committed by her live-in partner Francisco Cruz. On appeal, she challenged the trial court's refusal to give a jury instruction that if she was guilty as a principal (by planning or aiding the crime
• Roberts v. State
  687 So. 2d 959· Fla. 5th DCA· 1997-02-14 ·cited 4×
  Roberts was convicted of both sexual battery under section 794.011(8)(b) and lewd, lascivious conduct under section 800.04(3) for the same sexual acts against a minor. The court held these offenses are mutually exclusive and reversed the lewd conduct conviction, allowing only one
• Kaplan v. State
  681 So. 2d 1166· Fla. 5th DCA· 1996-09-20 ·cited 4×
  The dissenting judge believes the defendant should not be retried on the premeditated attempted first-degree murder theory due to double jeopardy protections afforded by the jury's special verdict.
• State v. Alphonso LEE
  676 So. 2d 1365· Fla.· 1996-07-18 ·cited 4×
• State v. Altamura
  676 So. 2d 29· Fla. 2d DCA· 1996-06-19 ·cited 4×
  The court held that the trial court properly granted the defendant's motion in arrest of judgment because the jury instruction on vehicular homicide was improper as the elements of that crime were not charged in the information.
• Flounory v. State
  674 So. 2d 857· Fla. 4th DCA· 1996-05-22 ·cited 4×
• Jones v. State
  669 So. 2d 1094· Fla. 3d DCA· 1996-03-13 ·cited 4×
  Patsy Jones was convicted of attempted third-degree felony murder, armed robbery, armed burglary, carjacking, and dealing in stolen property for targeting a tourist at Miami International Airport. The appellate court reversed the attempted murder conviction as inconsistent with c
• Luc Quy Tran v. State
  667 So. 2d 812· Fla. 2d DCA· 1995-12-01 ·cited 4×
  Luc Quy Tran appeals his jury conviction for second-degree murder, arguing insufficient evidence and an improper upward departure sentence. The appellate court affirmed the conviction but reversed the sentence, finding the trial court relied on an uncharged robbery and legally in
• Waddy v. State
  661 So. 2d 351· Fla. 1st DCA· 1995-10-05 ·cited 4×
  Olivia Waddy was convicted of attempted first-degree murder in January 1993, but after sentencing, the victim died and she was indicted for premeditated murder based on the same facts. The court rejected her double jeopardy challenge, holding that the state may prosecute for the
• Hernando Rios v. State
  660 So. 2d 795· Fla. 5th DCA· 1995-09-22 ·cited 4×
  Hernando Rios appealed his convictions for both grand theft of a motor vehicle and failure to return a hired vehicle, arguing that convicting him of both offenses violated double jeopardy protections. The court held that because the failure to return a hired vehicle statute's ele
• I.T. v. State
  657 So. 2d 1241· Fla. 2d DCA· 1995-07-07 ·cited 4×
  Two juveniles appealed adjudications of delinquency for grand theft auto. The court affirmed the adjudications but on the alternative ground of trespass in a conveyance, finding the evidence insufficient to prove the specific intent required for grand theft auto.
• Ready v. State
  657 So. 2d 53· Fla. 2d DCA· 1995-06-30 ·cited 4×
  The court held that the trial court's reasons for an upward departure sentence were invalid, requiring reversal.
• Bell v. State
  645 So. 2d 37· Fla. 1st DCA· 1994-10-24 ·cited 4×
  Monte Bell was convicted of robbery with a firearm under three separate counts. This appeal addresses whether the trial court's jury instruction regarding proof of firearm possession during armed robbery was legally sufficient. The court reversed Bell's conviction under Count II
• Ostrum v. State
  638 So. 2d 594· Fla. 4th DCA· 1994-06-22 ·cited 4×
  The court held that the trial court did not err in admitting a remark as harmless error and in refusing to instruct the jury on attempted sexual battery when the evidence only supported completed offenses.
• Eaddy v. State
  638 So. 2d 22· Fla.· 1994-04-14 ·cited 4×
  The appellate court reversed the conviction and death sentence for first-degree murder because the trial court erred in denying the defendant's request for jury instructions on lesser-included offenses.
• State v. Salters
  634 So. 2d 1095· Fla. 2d DCA· 1994-03-11 ·cited 4×
  The court held that the trial court erred in instructing the jury on aggravated assault as a lesser included offense because the information did not allege all elements of that crime. The court affirmed the order granting a new trial.
• Salgat v. State
  630 So. 2d 1143· Fla. 1st DCA· 1993-11-17 ·cited 4×
  Patrick Salgat appeals his conviction and sentences for murder and other felonies arising from his shooting of a state attorney investigator. The court reversed the sentence for attempted felony murder on the ground that it improperly merged with the felony murder conviction, and
• Jackson v. State
  622 So. 2d 182· Fla. 1st DCA· 1993-08-16 ·cited 4×
  A defendant is entitled to a jury instruction on third degree felony murder if the evidence could support a conviction for that offense, even if other instructions were given.
• United States v. Sanchez
  992 F.2d 1143· 11th Cir.· 1993-06-04 ·cited 4×
  Rafael and Luis Sanchez were acquitted of narcotics and explosives charges in Puerto Rico Superior Court for their roles in a bungled assassination attempt using a bomb that killed one of the would-be assassins. They were subsequently indicted and convicted in the Southern Distri
• United States v. Howard
  991 F.2d 195· 5th Cir.· 1993-05-10 ·cited 4×
  The court held that the statute was constitutional, the defendant was properly classified as a career offender, and the denial of the motion to suppress was correct.
• State v. Roberts
  616 So. 2d 79· Fla. 2d DCA· 1993-03-12 ·cited 4×
  The State appeals a trial court's order granting a new trial to Felicia Roberts, who was convicted of second-degree murder with a firearm (Count I) and aggravated assault with a firearm (Count II). The appellate court reverses, finding that while the aggravated assault instructio
• United States v. Baker
  985 F.2d 1248· 4th Cir.· 1993-02-04 ·cited 4×
  The court held that there was insufficient evidence to support Blackwell's money laundering conviction and Baker's conviction for attempting to possess with intent to distribute cocaine.
• Williams v. State
  611 So. 2d 94· Fla. 1st DCA· 1992-12-31 ·cited 4×
  A trial court's failure to instruct the jury on simple battery, a necessarily lesser included offense of battery of a law enforcement officer, requires reversal.
• Walker v. State
  609 So. 2d 106· Fla. 3d DCA· 1992-11-24 ·cited 4×
  George Walker appeals his conviction for aggravated battery with a firearm. The Florida District Court of Appeal reversed and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on permissive lesser-included offenses supported by the evid
• United States v. Vasquez-Chan
  978 F.2d 546· 9th Cir.· 1992-11-02 ·cited 4×
  The court held that the evidence was legally insufficient to support the defendants' convictions for conspiracy to possess with intent to distribute cocaine.