Lesser Included Offense

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

• Velez v. State
  528 So. 2d 525· Fla. 2d DCA· 1988-07-20 ·cited 4×
  The court held that the defendant's convictions for possession and delivery of marijuana constituted a double jeopardy violation. The court also found no merit in the defendant's contention regarding a lesser included offense instruction for trafficking in cocaine.
• Rice v. Hoke
  846 F.2d 160· 2d Cir.· 1988-05-10 ·cited 4×
  The court held that the trial judge correctly refused to instruct the jury on manslaughter in the first and second degrees because no reasonable view of the evidence supported such instructions.
• Thomas v. Morris
  844 F.2d 1337· 8th Cir.· 1988-04-21 ·cited 4×
  The court held that the double jeopardy clause was violated by imposing consecutive sentences for felony murder and the underlying felony, requiring vacation of the unserved sentence.
• Sailor v. Scully
  836 F.2d 118· 2d Cir.· 1987-12-30 ·cited 4×
  The court held that the Double Jeopardy Clause did not bar the state from resentencing Sailor as a second felony offender after an unsuccessful attempt to sentence him as a persistent felony offender, as the two sentencing schemes are distinct.
• United States v. Farrell Begay
  833 F.2d 900· 10th Cir.· 1987-11-23 ·cited 4×
  The court held that an involuntary manslaughter instruction is permissible even when self-defense is raised, and that the prosecutor's questions about prior legal issues were not prejudicial enough to warrant a mistrial.
• Reginaldo Carvalho v. State
  513 So. 2d 1321· Fla. 3d DCA· 1987-09-29 ·cited 4×
  Defendant's conviction for trafficking in cocaine in excess of 400 grams was reversed because the trial court failed to instruct the jury on simple possession of cocaine, a necessarily included lesser offense, and the defendant's stipulation to possessing over 400 grams did not c
• Tanner v. State
  512 So. 2d 1158· Fla. 2d DCA· 1987-09-25 ·cited 4×
  The court held that the reasons given for departing upward from the sentencing guidelines were invalid and did not support the departure.
• United States v. Caswell
  825 F.2d 1228· 8th Cir.· 1987-07-31 ·cited 4×
  The court held that the government presented sufficient evidence to prove a likely source of income, establish the defendant's opening net worth and cash on hand, and attribute the expenditures of relatives to the defendant in a tax evasion case prosecuted under the cash expendit
• Allen v. State
  510 So. 2d 654· Fla. 2d DCA· 1987-07-31 ·cited 4×
  Keith Allen appeals his sentence for conspiracy to sell or deliver cocaine. The court affirms his convictions and the minimum mandatory sentence for trafficking in cocaine, but reverses and remands the conspiracy sentence because the trial court improperly enhanced it beyond guid
• Woods v. State
  509 So. 2d 1370· Fla. 5th DCA· 1987-07-23 ·cited 4×
  The court held that it was error to depart from a presumptive guidelines sentence based on evidence of an offense for which the defendant was not convicted.
• Jelks v. State
  509 So. 2d 404· Fla. 5th DCA· 1987-07-09 ·cited 4×
• Karchesky v. State
  509 So. 2d 403· Fla. 5th DCA· 1987-07-09 ·cited 4×
  Marcus Karchesky appeals his conviction on double jeopardy grounds, arguing he was improperly convicted of multiple overlapping sexual offenses arising from three separate sexual encounters with a 12-year-old child. The court affirmed convictions under the primary carnal intercou
• DE LA Rosa v. Lynaugh
  817 F.2d 259· 5th Cir.· 1987-05-05 ·cited 4×
  The court held that the State was collaterally estopped from prosecuting the defendant for murder because the prior conviction for voluntary manslaughter necessarily determined that the defendant acted under sudden passion arising from adequate cause.
• Callahan v. State
  504 So. 2d 434· Fla. 2d DCA· 1987-02-25 ·cited 4×
  The court held that burning to defraud an insurer is not a lesser included offense of arson, and the trial court erred in imposing sentence for only arson.
• Wang v. Withworth
  811 F.2d 952· 6th Cir.· 1987-02-11 ·cited 4×
  The dissenting judge would deny the writ of habeas corpus, finding that the trial judge's declaration of a mistrial due to prejudice, rather than insufficient evidence, does not bar retrial under the Double Jeopardy Clause.
• United States v. W.T.T. (a juvenile)
  800 F.2d 780· 8th Cir.· 1986-09-11 ·cited 4×
  The court held that the government presented sufficient evidence to support the juvenile's adjudication of delinquency for simple assault, assault by striking, beating, and wounding, and robbery.
• Henry v. State
  492 So. 2d 485· Fla. 5th DCA· 1986-08-07 ·cited 4×
  The court held that the appellant could only be convicted of one possession charge, as the second was a lesser included offense.
• United States v. Pearson
  798 F.2d 385· 10th Cir.· 1986-07-29 ·cited 4×
  The court held that there was sufficient evidence to convict both defendants and that their other claims of error, including ineffective assistance of counsel and improper judicial comments, were without merit.
• State v. Furr
  493 So. 2d 432· Fla.· 1986-07-17 ·cited 4×
  Florida Supreme Court held that while second-degree depraved mind murder is a lesser included offense of first-degree felony murder, a defendant may be convicted of both first-degree felony murder and the underlying felony of armed robbery, reversing the district court's contrary
• United States v. Nelson
  791 F.2d 336· 5th Cir.· 1986-06-05 ·cited 4×
  The court held that the jury charge for tax evasion under 26 U.S.C. § 7201 was defective because it allowed conviction without finding an affirmative act beyond willful omissions.
• Palmer v. State
  489 So. 2d 226· Fla. 5th DCA· 1986-06-05 ·cited 4×
  The court held that vendors of wine are subject to the floor tax imposed by section 17 of chapter 83-349, Laws of Florida, on alcoholic beverages in their inventory on the effective date of the tax increase.
• Ruiz v. State
  488 So. 2d 895· Fla. 1st DCA· 1986-05-19 ·cited 4×
  Carlos Ruiz was convicted by jury of possession of cocaine under two statutes—general possession and possession on prison grounds. The appellate court reversed his conviction under the general possession statute, finding it was a necessarily lesser included offense of the prison-
• Davis v. Herring
  783 F.2d 511· 5th Cir.· 1986-02-20 ·cited 4×
  A second prosecution for shooting into an occupied building is barred by double jeopardy when the underlying felony was a necessary element of the prior murder conviction.
• Parker v. State
  482 So. 2d 576· Fla. 5th DCA· 1986-02-06 ·cited 4×
  Parker was convicted of aggravated battery and possession of a firearm in the commission of a felony for shooting an unarmed victim. Parker appealed on double jeopardy grounds, arguing these crimes constituted a lesser-included offense. The court affirmed, holding that because ea
• Suarez v. State
  478 So. 2d 1173· Fla. 2d DCA· 1985-11-27 ·cited 4×
  Robert Suarez appeals his first-degree murder conviction and life sentence, arguing that the trial court improperly refused to reopen the case for additional testimony and improperly gave a shortened jury instruction on excusable homicide. The appellate court affirmed the convict
• Collins v. A.L. Lockhart
  771 F.2d 1580· 8th Cir.· 1985-09-11 ·cited 4×
  The court held that the Arkansas legislature did not intend to prohibit cumulative punishments for theft and aggravated robbery arising from a single incident, thus the double jeopardy clause was not violated.
• Shepard v. Foltz
  771 F.2d 962· 6th Cir.· 1985-08-30 ·cited 4×
  The court held that the district court properly denied the habeas corpus petition because the petitioner failed to meet the 'cause and prejudice' standard required for federal review of claims procedurally defaulted in state court.
• Evon Shaw v. State
  466 So. 2d 1245· Fla. 5th DCA· 1985-04-11 ·cited 4×
• White v. Sch. Bd. OF Dade Cnty.
  466 So. 2d 1141· Fla. 3d DCA· 1985-03-26 ·cited 4×
  The court held that the doctrine of res judicata prohibits the School Board from relitigating issues based on the same incident for which dismissal proceedings were previously held.
• The People OF the Territory OF Guam v. Garrido
  752 F.2d 1378· 9th Cir.· 1985-01-29 ·cited 4×
  The court held that while convictions and the weapon enhancement were affirmed, the sentences for attempted manslaughter and aggravated assault should have been concurrent under Guam law.
• W.B.M. v. State
  452 So. 2d 659· Fla. 3d DCA· 1984-07-17 ·cited 4×
• Hayden v. State
  450 So. 2d 1242· Fla. 3d DCA· 1984-06-05 ·cited 4×
  A defendant charged with murder by firearm is also charged with lesser included felonies for purposes of Florida's firearm reclassification statute, which enhances felony charges by one degree when a firearm is used.
• United States ex rel. Theodore Bacon v. DeROBERTIS
  728 F.2d 874· 7th Cir.· 1984-02-17 ·cited 4×
  The court affirmed the grant of summary judgment, holding that any prosecutorial misconduct before the grand jury was remedied by a fair trial, and the failure to give a lesser included offense instruction did not constitute a fundamental miscarriage of justice.
• United States v. Crow
  728 F.2d 974· 8th Cir.· 1984-02-14 ·cited 4×
  The court held that while an instruction on accidental discharge would have been appropriate, the district court's refusal to give it was not prejudicial error because the jury instructions as a whole adequately covered the concept of intent.
• Fuller v. State
  444 So. 2d 592· Fla. 2d DCA· 1984-02-03 ·cited 4×
  The trial court erred in summarily denying the motion for postconviction relief without attaching supporting documents or holding an evidentiary hearing.
• Parks v. State
  437 So. 2d 790· Fla. 2d DCA· 1983-09-16 ·cited 4×
  Possession of cannabis is not a lesser included offense of possession with intent to sell or deliver when both offenses carry the same penalty.
• Broomfield v. State
  436 So. 2d 435· Fla. 4th DCA· 1983-08-31 ·cited 4×
  A defendant cannot be convicted and sentenced for both armed robbery and the lesser included offense of grand theft.
• United States v. Gooday
  714 F.2d 80· 9th Cir.· 1983-08-23 ·cited 4×
  A defendant acquitted of a greater offense but on whom lesser included offenses were instructed (at defendant's request) may be retried on those lesser included offenses after a mistrial due to a hung jury.
• Walker v. Cocalis
  434 So. 2d 352· Fla. 4th DCA· 1983-07-20 ·cited 4×
  The court held that trying the petitioner for armed robbery after he was convicted of possession of a stolen motor vehicle, when both offenses arose from the same criminal episode, would constitute double jeopardy.
• Gov't OF The Virgin Islands v. Ralston Greene
  708 F.2d 113· 3d Cir.· 1983-05-27 ·cited 4×
  The court held that circumstantial evidence, including missing items and procedural irregularities, was sufficient to support a jury's inference of larcenous intent for unlawful entry.
• United States v. Medina
  709 F.2d 155· 2d Cir.· 1983-05-27 ·cited 4×
  The court held that collateral estoppel does not bar reprosecution of a count on which the jury was unable to reach a verdict, as the defendant failed to prove the prior verdict necessarily resolved issues in his favor.
• Thomas v. State
  430 So. 2d 616· Fla. 4th DCA· 1983-05-04 ·cited 4×
  A conviction for a lesser included misdemeanor offense necessarily negates the felony element required for a conviction of possession of a firearm during the commission of a felony.
• Milton v. State
  429 So. 2d 804· Fla. 4th DCA· 1983-04-13 ·cited 4×
  The court held that the trial court erred in taking judicial notice of a prior court file without affording the appellant a reasonable opportunity to be heard, constituting a discovery violation and surprise.
• Brown v. State
  427 So. 2d 304· Fla. 3d DCA· 1983-03-22 ·cited 4×
  Prosecutor's closing argument improperly referenced defendant's failure to testify, requiring reversal of second-degree murder conviction and remand for new trial where attempted second-degree murder instruction should be considered.
• Marion v. State
  429 So. 2d 40· Fla. 2d DCA· 1983-03-09 ·cited 4×
• Hrindich v. State
  427 So. 2d 212· Fla. 5th DCA· 1983-02-09 ·cited 4×
  George Hrindich appealed his convictions for attempted sexual battery and false imprisonment. The court affirmed the attempted sexual battery conviction but reversed the false imprisonment conviction, finding that any confinement was incidental to and inseparable from the attempt
• Frankie Darlene "Dolly" Baggett v. State
  424 So. 2d 99· Fla. 1st DCA· 1982-12-16 ·cited 4×
  Frankie Darlene Baggett appealed her convictions for armed robbery and aggravated assault, challenging the imposition of separate consecutive sentences and the mandatory minimum firearm enhancements. The Florida appellate court affirmed, holding that aggravated assault was not a
• Tosh v. State
  424 So. 2d 97· Fla. 1st DCA· 1982-12-16 ·cited 4×
  The court held that the expert testimony regarding the purpose of plea agreements was admissible because the defense attorney opened the door by attacking the State's motives for entering into those agreements. The court also held that conspiracy to possess cannabis was not a les
• LaMURA v. State
  424 So. 2d 25· Fla. 4th DCA· 1982-11-10 ·cited 4×
  Florida appellate court affirmed LaMura's manslaughter conviction as an aider and abettor to a shooting death during a drug deal, finding sufficient evidence of his knowledge and participation in the crime.
• Futch v. State
  420 So. 2d 905· Fla. 3d DCA· 1982-10-19 ·cited 4×
  Futch petitioned for habeas corpus claiming his appellate counsel was ineffective for failing to raise certain trial errors on appeal. The court denied the petition, holding that the trial court lacked authority to consider such claims and that the alleged errors were either unsu