Lesser Included Offense

3,837 Florida cases classified under this topic, plus 173 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• State v. Sanborn
  533 So. 2d 1169· Fla.· 1988-11-23 ·cited 58×
  The Supreme Court of Florida held that false imprisonment is a necessarily lesser included offense of kidnapping. This decision resolved a conflict between appellate districts and clarified the relationship between these two offenses under Florida law.
• United States v. Bradley
  812 F.2d 774· 2d Cir.· 1987-02-23 ·cited 58×
  The court affirmed the conviction but remanded for the sentencing judge to make findings or disclaim reliance on disputed items in the presentence report.
• Kelly v. State
  389 So. 2d 250· Fla. 2d DCA· 1980-09-24 ·cited 58×
  Eugene Kelly was charged with aggravated battery and requested a jury instruction on the maximum sentence for the offense. The trial judge denied the request twice without objection from defense counsel. The appellate court affirmed, holding that Kelly failed to preserve the issu
• Allison v. State
  162 So. 2d 922· Fla. 1st DCA· 1964-03-17 ·cited 58×
  A Florida appellate court reversed a conviction for assault with intent to commit rape, finding that the trial court erred in admitting testimony about a prior consistent statement made by the minor victim to police and in refusing to instruct the jury about lesser included offen
• V.A.A. v. State
  561 So. 2d 314· Fla. 2d DCA· 1990-03-09 ·cited 57×
  A juvenile was adjudicated delinquent on four counts of cannabis offenses—two counts each of sale and possession from different dates in 1988. The court held that the trial court erred by imposing separate convictions and sentences for both sale and possession of the same quantit
• The Fla. Bar re Standard Jury Instructions-Criminal
  508 So. 2d 1221· Fla.· 1987-05-28 ·cited 57×
  The Florida Supreme Court approved recommended amendments and new instructions for standard jury instructions in criminal cases submitted by the Supreme Court Committee on Standard Jury Instructions (Criminal), covering sexual battery offenses, theft, DUI manslaughter, entrapment
• United States v. Loya
  807 F.2d 1483· 9th Cir.· 1987-01-13 ·cited 57×
  The court held that the trial court did not err in refusing to instruct the jury on lesser included offenses, that sufficient evidence supported the convictions, and that the procedures for jury instructions, while unusual, did not result in prejudicial error.
• United States v. Boldin
  772 F.2d 719· 11th Cir.· 1985-09-27 ·cited 57×
  The court held that the current prosecution for drug and RICO charges is not barred by double jeopardy, as the offenses are distinct and Congress intended for cumulative punishments.
• Von Dee Gragg v. State
  429 So. 2d 1204· Fla.· 1983-04-07 ·cited 57×
  Von Dee Gragg was tried on aggravated battery and assault charges involving a firearm, but was convicted only of simple battery and assault, necessarily establishing he did not possess a gun. After trial severance of a firearm possession count, the trial court barred further pros
• Bell v. Watkins
  692 F.2d 999· 5th Cir.· 1982-12-06 ·cited 57×
  The court held that the trial court's sentencing instructions were constitutionally inadequate, requiring reversal of the federal district court's judgment denying habeas corpus relief on that ground. However, the court affirmed the denial of relief regarding the constitutionalit
• United States v. Johnson
  475 F.2d 1297· D.C. Cir.· 1973-02-26 ·cited 57×
  The court held that assault with a dangerous weapon is a lesser included offense of armed robbery, and that the trial court made plain errors in sentencing, requiring vacation of sentences and remand for resentencing.
• United States v. White
  417 F.2d 89· 2d Cir.· 1969-10-10 ·cited 57×·via Lesser Included Offense Doctrine
  The court held that the evidence obtained from the appellants was voluntarily produced and admissible, and that while convictions for tax evasion and subscribing to false returns were affirmed, cumulative fines for the false return charges were improper.
• G.C. v. State
  560 So. 2d 1186· Fla. 3d DCA· 1990-01-30 ·cited 56×
  A fourteen-year-old juvenile was adjudicated delinquent for theft and burglary of a stolen automobile based on being a passenger in the vehicle. The appellate court reversed the theft and burglary convictions, holding that mere passive use of a stolen vehicle without dominion and
• United States v. Henry
  878 F.2d 937· 6th Cir.· 1989-07-03 ·cited 56×
  The court held that while multiple § 924(c)(1) charges can stem from separate drug trafficking offenses, the indictment's failure to properly distinguish the predicate offenses for each firearm charge necessitates vacating one conviction.
• Johnson v. State
  366 So. 2d 418· Fla.· 1978-12-21 ·cited 56×
  The Florida Supreme Court reaffirmed its holding in Cone v. State that when a defendant is convicted of both robbery and display of a firearm during the commission of that robbery, where the firearm display constitutes the element of force necessary to prove the robbery, separate
• Rinehart v. Lou V. Brewer
  561 F.2d 126· 8th Cir.· 1977-08-19 ·cited 56×
  The court held that a 15-year-old defendant's guilty plea was involuntary due to inadequate explanations and immaturity, and that he received ineffective assistance of counsel and was denied an impartial tribunal.
• Williams v. State
  285 So. 2d 13· Fla.· 1973-10-03 ·cited 56×
  Williams was convicted of forcible rape and appealed, challenging the constitutionality of Florida's grand jury selection statute (which excluded attorneys), the trial court's refusal to provide him with a victim's prior police statement for impeachment purposes, and the failure
• Griffin v. State
  160 So. 3d 63· Fla.· 2015-03-12 ·cited 55×
  Steve Lawrence Griffin was convicted of second-degree murder in the shooting death of Thomas Jamar Mills, claiming misidentification as his sole defense. The Florida Supreme Court held that a misidentification defense does not concede the element of intent in a homicide case, and
• Donovan v. State
  572 So. 2d 522· Fla. 5th DCA· 1990-11-21 ·cited 55×
  Jack Donovan was convicted of 31 counts including organized fraud, grand theft, forgery, uttering false instruments, and RICO violations stemming from his fraudulent credit card scheme involving the World Bass Association. The appellate court upheld the organized fraud and forger
• Telesford Alejo v. State
  483 So. 2d 117· Fla. 2d DCA· 1986-02-14 ·cited 55×
  Telesford Alejo appeals his conviction and sentence for second-degree murder. The appellate court found fundamental error in the trial court's incomplete jury instruction on manslaughter and improper sentence enhancement for use of a weapon, reversing and remanding for a new tria
• In re Florida Rules of Criminal Procedure
  403 So. 2d 979· Fla.· 1981-09-24 ·cited 55×
  The Florida Supreme Court adopted two new Rules of Criminal Procedure governing jury instructions on lesser included offenses and attempts. These rules, effective October 1, 1981, standardize when judges must instruct juries on lesser degrees of charged offenses and lesser includ
• State v. Wilson
  276 So. 2d 45· Fla.· 1973-04-11 ·cited 55×
  The Florida Supreme Court reviewed a District Court reversal of Herbert Wilson's robbery conviction, holding that while the trial court erred in refusing to instruct the jury on simple assault as a lesser included offense, the error was harmless given the substantial evidence of
• Blanco v. State
  150 Fla. 98· Fla.· 1942-03-17 ·cited 55×
  Manuel Blanco was convicted of unarmed robbery for stealing $53.50 from the Royal Theatre's ticket cashier. The Florida Supreme Court affirmed his conviction, rejecting arguments that the information was fatally defective, that co-defendants' confessions were improperly admitted,
• Morrison v. State
  42 Fla. 149· Fla.· 1900-01-01 ·cited 55×
  Bill Morrison was convicted of murder in the second degree for shooting J. M. Burnham during a barroom altercation in 1897. Morrison appeals, challenging the trial court's rulings on jury instructions, admission of a dying declaration, and the trial judge's reuse of jury charges
• Knight v. State
  286 So. 3d 147· Fla.· 2019-12-19 ·cited 54×
  Fundamental error did not occur where a jury received an erroneous instruction on a lesser included offense but the jury instruction on the offense of conviction was correct and the evidence supported that conviction. A defendant has no fundamental right to jury instructions that
• Sanders v. State
  621 So. 2d 723· Fla. 5th DCA· 1993-05-28 ·cited 54×
  Sanders appeals the trial court's denial of his motion to correct an illegal sentence under Florida Rule of Criminal Procedure 3.800(a), raising double jeopardy claims and sentencing errors. The court affirmed the denial, holding that double jeopardy challenges cannot be addresse
• Taylor v. State
  608 So. 2d 804· Fla.· 1992-11-12 ·cited 54×
  The court reviewed a case involving armed robbery where a conviction for armed robbery was reversed, and a conviction for aggravated assault with a deadly weapon was entered under section 924.34, Florida Statutes, to resolve a conflict with another case.
• Kurtz v. State
  564 So. 2d 519· Fla. 2d DCA· 1990-06-15 ·cited 54×
  Chester Kurtz was adjudicated guilty of DUI manslaughter, manslaughter with culpable negligence, and DUI arising from a single traffic fatality, but was sentenced only on the DUI manslaughter conviction. The Second District Court of Appeal held that trial courts cannot enter adju
• Duba v. State
  446 So. 2d 1167· Fla. 5th DCA· 1984-03-15 ·cited 54×
  The court held that whether an object is a deadly weapon is a question of fact for the jury, not a matter of law for the court. The trial court erred by prohibiting the defense from arguing the air pistol was not a deadly weapon.
• United States v. Diggs
  522 F.2d 1310· D.C. Cir.· 1975-11-03 ·cited 54×
  The court held that the agents' actions constituted an arrest without probable cause, and the subsequent search was therefore invalid.
• United States v. Ammidown
  497 F.2d 615· D.C. Cir.· 1973-11-16 ·cited 54×
  Consecutive sentences for murder were unavailable to the trial judge.
• United States v. Hammonds
  425 F.2d 597· D.C. Cir.· 1970-03-30 ·cited 54×
  The court held that the totality of counsel's omissions and errors, particularly the closing argument, constituted ineffective assistance of counsel, requiring a new trial.
• United States v. Jones
  418 F.2d 818· 8th Cir.· 1969-09-24 ·cited 54×
  The evidence presented was sufficient to support a bank robbery conviction, and the conviction should not be overturned on grounds of insufficient evidence.
• United States v. Lodwick
  410 F.2d 1202· 8th Cir.· 1969-05-22 ·cited 54×
  The court held that while the evidence supported conviction for tax evasion (Count I), the offense of making a false return (Count II) was a lesser included offense for which separate punishment could not be imposed. The court affirmed the conviction and sentence on Count I but v
• State v. Sonny D. Anderson
  695 So. 2d 309· Fla.· 1997-05-29 ·cited 53×
  The Double Jeopardy Clause prohibits dual convictions for perjury in an official proceeding and providing false information in a bail application when both offenses arise from the same single act of making a false statement under oath, because these crimes are degree variants of
• Gonzalez v. State
  449 So. 2d 882· Fla. 3d DCA· 1984-04-10 ·cited 53×
  Juan Gonzalez was convicted of third-degree murder, attempted third-degree murder, robbery, and marijuana trafficking related to two homicides committed during a robbery of marijuana. On appeal, he challenged the admission of his confession and his conviction for both felony murd
• United States v. Thompson
  493 F.2d 305· 9th Cir.· 1974-03-12 ·cited 53×
  The court held that the proceedings were free from prejudicial error, affirming the convictions for conspiracy to import marijuana.
• United States v. Wagner
  834 F.2d 1474· 9th Cir.· 1987-12-24 ·cited 52×
  The court affirmed the conviction, finding no abuse of discretion in the denial of the continuance, no prejudice from pre-indictment delay, and no reversible error in the denial of the motion to substitute counsel or the jury instruction.
• Snowden v. State
  449 So. 2d 332· Fla. 5th DCA· 1984-03-29 ·cited 52×
  James Michael Snowden was convicted of third-degree murder and grand theft for his role in a robbery that resulted in a killing. On appeal, the Florida Fifth District Court of Appeal affirmed the murder conviction but reversed the grand theft conviction as a lesser-included offen
• United States v. Sinito
  723 F.2d 1250· 6th Cir.· 1983-12-23 ·cited 52×
  The court held that the two indictments charged separate conspiracies and that the RICO conspiracy and continuing criminal enterprise counts were distinct offenses, thus not violating the double jeopardy clause.
• McELVEEN v. State
  415 So. 2d 746· Fla. 1st DCA· 1982-05-18 ·cited 52×
  McElveen appeals his convictions for burglary with assault and sexual battery, challenging the trial court's exclusion of evidence regarding the victim's prior sexual conduct and reputation. The court reverses in part, holding that evidence of the victim's reputation for unchasti
• Mills v. State
  407 So. 2d 218· Fla. 3d DCA· 1981-10-06 ·cited 52×
  Mills was convicted of first-degree murder, kidnapping for ransom, robbery, and conspiracy in connection with a kidnapping-robbery scheme that resulted in the victim's death. The appellate court affirmed the murder and robbery convictions but reversed the kidnapping conviction, r
• State v. Thomas
  362 So. 2d 1348· Fla.· 1978-09-21 ·cited 52×
  Attempted possession of burglary tools is not a crime in Florida.
• United States v. Riggins
  563 F.2d 1264· 5th Cir.· 1977-12-01 ·cited 52×
  The court held that the evidence was sufficient to support Riggins' conviction for possession of heroin with intent to distribute and conspiracy to possess heroin with intent to distribute.
• United States v. Johnson
  537 F.2d 1170· 4th Cir.· 1976-03-31 ·cited 52×
  Prosecuting a defendant on more serious charges after a guilty plea has been vacated on appeal, when the prosecutor was aware of the new charges at the time of the plea, violates due process.
• United States v. Crow
  523 F.2d 955· 8th Cir.· 1975-10-07 ·cited 52×
  The court held that applying 18 U.S.C. § 1153 to subject an Indian to a greater sentence than a non-Indian for the same offense violates the Fifth Amendment. The court also held that jury instructions for fourth-degree burglary did not constitute plain error.
• United States v. Shaffer
  291 F.2d 689· 7th Cir.· 1961-06-13 ·cited 52×
  The court held that the defendants were afforded a fair and impartial trial free from reversible error, and affirmed their convictions for conspiracy to evade excise taxes and related offenses.
• Brown v. State
  755 So. 2d 616· Fla.· 2000-03-09 ·cited 51×
  Paul Brown, a death row inmate, appeals the denial of his motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the trial court's denial, rejecting his ineffective assistance of counsel claims and finding procedural ba
• State v. Thompson
  607 So. 2d 422· Fla.· 1992-11-12 ·cited 51×
• United States v. Skinner
  667 F.2d 1306· 9th Cir.· 1982-02-18 ·cited 51×
  The court held that the defendant's confessions were admissible and that the trial court did not err in refusing to give an involuntary manslaughter instruction.