Lesser Included Offense

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

• Frazier v. State
  970 So. 2d 929· Fla. 4th DCA· 2008-01-02 ·cited 3×
  The Fourth District Court of Appeal affirmed James J. Frazier's jury conviction for burglary of an occupied dwelling and petit theft, but remanded the case for resentencing due to errors in calculating the Criminal Punishment Code scoresheet.
• Freeman v. State
  969 So. 2d 473· Fla. 5th DCA· 2007-11-16 ·cited 3×
  Robert Freeman appeals his conviction for manslaughter in the death of a neighbor who was mauled by his six pit bulls. Freeman argues he should have been charged under the Dangerous Dog Act (a misdemeanor) rather than manslaughter (a felony), and that he was entitled to a jury in
• Brown v. State
  966 So. 2d 989· Fla. 5th DCA· 2007-09-21 ·cited 3×
  Ronald Brown was convicted of manslaughter with a firearm as a lesser-included offense of felony murder while being acquitted of the underlying carjacking with firearm charge. The appellate court affirmed, holding that these verdicts are not legally inconsistent under Florida law
• Donell Jackson v. State
  946 So. 2d 83· Fla. 4th DCA· 2006-12-27 ·cited 3×
  Donell Jackson petitioned for relief from his armed robbery conviction and life sentence, claiming his appellate counsel was ineffective for withdrawing under Anders without identifying arguable issues. The Fourth District Court of Appeal reconsidered its prior precedent and addr
• Graff v. State
  922 So. 2d 1058· Fla. 5th DCA· 2006-03-10 ·cited 3×
  The court held that the trial court erred in summarily denying the defendant's motion for postconviction relief without addressing specific grounds or attaching record support.
• Williams v. State
  922 So. 2d 418· Fla. 2d DCA· 2006-03-10 ·cited 3×
  The Florida District Court of Appeal addressed whether lewd or lascivious battery under the amended § 800.04(4) can be a permissive lesser included offense of sexual battery under § 794.011(3). The court held that following the 1999 legislative amendments removing language expres
• Washington v. State
  912 So. 2d 344· Fla. 3d DCA· 2005-10-05 ·cited 3×
  The court held that attempted aggravated battery can be a lesser included offense of attempted second-degree murder, even with firearm enhancements, and affirmed the convictions.
• Misael Cornejo v. State
  892 So. 2d 1160· Fla. 4th DCA· 2005-01-26 ·cited 3×
  The court held that the evidence was insufficient to sustain a conviction for second degree murder as a principal, but sufficient for third degree felony murder, requiring a remand for retrial on that charge.
• Jackson v. State
  832 So. 2d 932· Fla. 3d DCA· 2002-12-26 ·cited 3×
  Jimmie Reed Jackson was convicted of aggravated assault and resisting arrest following an incident with a police officer. The appellate court reversed the convictions, holding that a detective's assurances that he was conducting only an administrative use-of-force investigation—n
• Donohue v. State
  801 So. 2d 124· Fla. 4th DCA· 2001-10-31 ·cited 3×
  Bryan Donohue was convicted of second-degree murder and robbery, both enhanced as hate crimes, following a beating death. The Fourth District Court of Appeal reversed the murder conviction for a new trial because the trial court improperly excluded expert testimony that medical m
• Garcia v. State
  769 So. 2d 449· Fla. 4th DCA· 2000-10-04 ·cited 3×
• Hopkins v. Reeves
  524 U.S. 88· U.S.· 1998-06-08 ·cited 3×
  The Court holds that the trial judge was not required to instruct the jury on second-degree murder as a lesser included offense of felony murder.
• Tommie v. Johnson
  689 So. 2d 1124· Fla. 4th DCA· 1997-02-19 ·cited 3×
  Tommie Johnson appealed his convictions for trafficking in cocaine and possession with intent to sell/deliver, challenging the sufficiency of evidence for constructive possession, claiming double jeopardy violations from dual convictions arising from the same conduct, and contest
• Espinosa v. State
  668 So. 2d 1116· Fla. 5th DCA· 1996-03-08 ·cited 3×
  The court held that a conviction for resisting an officer without violence cannot stand if the state failed to prove the legality of the arrest, even if the defense requested the lesser included offense instruction.
• United States v. Stafford
  983 F.2d 25· 5th Cir.· 1993-01-26 ·cited 3×
  The court held that while the conviction for tax evasion was affirmed, certain conditions of probation were overly broad and infringed upon the defendant's rights, requiring remand for revision.
• United States v. Martinez
  979 F.2d 1424· 10th Cir.· 1992-11-17 ·cited 3×
  The court held that the district court did not err in denying the defendants' motions to disclose the confidential informant, denying severance, denying a mistrial, refusing a vicarious entrapment instruction, and admitting evidence of cocaine found in a defendant's wallet.
• Elzra Wiggerfall v. Jones
  918 F.2d 1544· 11th Cir.· 1990-12-14 ·cited 3×
  A conviction obtained when the jury was precluded by statute from considering lesser included noncapital offenses violates due process, and this error is not rendered harmless by the judge's subsequent commutation of a death sentence to life imprisonment.
• Antosh v. State
  510 So. 2d 1158· Fla. 3d DCA· 1987-08-11 ·cited 3×
  Randall Antosh appeals his misdemeanor conviction for discharging a firearm in public and one-year probation sentence. The appellate court affirms the conviction and probation but strikes a $2,500 charitable contribution condition, finding no statutory authority for courts to imp
• Savage v. State
  494 So. 2d 274· Fla. 2d DCA· 1986-09-17 ·cited 3×
  The court held that resisting a law enforcement officer with violence is not a necessarily lesser included offense of battery of a law enforcement officer when both arise from the same episode, and affirmed the convictions.
• Terry v. State
  474 So. 2d 9· Fla. 1st DCA· 1985-08-08 ·cited 3×
  Viola Terry appeals her sentence for attempted second-degree murder with a firearm, challenging an apparent reclassification of the offense as a first-degree felony on the sentencing guidelines scoresheet despite the trial court's statement it would not reclassify. The appellate
• Daniels v. State
  473 So. 2d 722· Fla. 4th DCA· 1985-05-15 ·cited 3×
  Ernest Daniels was convicted of manslaughter (a lesser offense than the charged second-degree murder) and received a sentence enhanced based on firearm use under Florida Statute § 775.087. The appellate court reversed the enhanced sentence and remanded for resentencing because th
• Pina v. State
  468 So. 2d 475· Fla. 2d DCA· 1985-05-08 ·cited 3×
  Louis Pina appeals convictions for felony murder, conspiracy, attempted murder, and robbery arising from a 1982 armed robbery that resulted in two deaths. The court affirms convictions for felony murder, attempted murder, conspiracy, and robbery of one victim, but vacates the rob
• Westley Bee Williams v. State
  462 So. 2d 577· Fla. 4th DCA· 1985-01-23 ·cited 3×
• Moore v. State
  453 So. 2d 148· Fla. 1st DCA· 1984-07-13 ·cited 3×
• Vazquez v. State
  427 So. 2d 1125· Fla. 5th DCA· 1983-03-16 ·cited 3×
  Luis Vazquez was charged with aggravated assault (a felony) but the state proceeded to trial on the lesser included offense of assault (a misdemeanor) without formally amending the charges. The Florida appellate court held that the circuit court lacked subject matter jurisdiction
• Green v. State
  315 So. 2d 499· Fla. 4th DCA· 1975-07-11 ·cited 3×
  Clarence Green was charged with manslaughter by intoxicated driving and culpable negligence after his automobile struck and killed another driver. The trial court granted judgment of acquittal on the intoxication count, and the jury convicted him of aggravated assault as a lesser
• Gilford v. State
  281 So. 2d 919· Fla. 2d DCA· 1973-07-25 ·cited 3×
  Appellants convicted of breaking and entering with intent to commit grand larceny were properly denied a jury instruction on the lesser included offense of petit larceny because the evidence overwhelmingly established the stolen property exceeded $100 in value.
• Tafero v. State
  242 So. 2d 470· Fla. 3d DCA· 1971-01-05 ·cited 3×
  Jesse Joseph Tafero appeals from an order denying his motion to vacate a jury conviction for assault with intent to commit rape, crime against nature, entering without breaking with intent to commit robbery, and robbery. The appellate court affirmed the trial court's denial of th
• Mangone v. State
  219 So. 2d 447· Fla. 3d DCA· 1969-02-25 ·cited 3×
  The court held that the misdemeanor conviction was not a lesser included offense of the felony charged, and the circuit court erred in affirming the conviction.
• Adams v. State
  201 So. 2d 494· Fla. 1st DCA· 1967-07-18 ·cited 3×
  The appellate court reversed a robbery conviction because the trial court erred in refusing to instruct the jury on larceny as a lesser included offense. This decision was based on a recent Florida Supreme Court ruling that mandates such instructions when requested by the defenda
• Sise v. State
  188 So. 2d 396· Fla. 3d DCA· 1966-06-21 ·cited 3×
  The court held that the trial court did not err in its rulings regarding witness sequestration, directing a verdict, sufficiency of evidence, or prosecutorial remarks, and affirmed the conviction.
• Carver v. State
  171 So. 2d 898· Fla. 2d DCA· 1965-02-19 ·cited 3×
  Defendant Carver appeals the denial of post-conviction relief after pleading guilty to second-degree murder without counsel. The court reversed and remanded, finding a critical constitutional deficiency where the defendant was not shown to have knowingly and intelligently waived
• Sigismondi v. State
  380 So. 3d 1208· Fla. 2d DCA· 2024-01-12 ·cited 2×
  The appellate court affirmed a conviction for third-degree felony murder, specifically addressing the exclusion of defense witness testimony. The court held that the trial court did not abuse its discretion in excluding a victim's prior statement as hearsay because it was too rem
• Dillard v. State
  329 So. 3d 788· Fla. 2d DCA· 2021-10-15 ·cited 2×
  The appellate court affirmed a first-degree murder conviction, holding that a jury instruction allowing a guilty verdict based on either premeditated or felony murder, without requiring unanimity on the specific theory, does not violate the constitutional right to a unanimous jur
• Philip Morris USA, Inc. v. Santoro
  298 So. 3d 630· Fla. 4th DCA· 2020-05-06 ·cited 2×
  Philip Morris USA Inc., R.J. Reynolds Tobacco Company, and Liggett Group LLC appeal a judgment in favor of the Estate of Grace Santoro in an Engle progeny wrongful death suit. The central disputes concern whether the decedent qualified as a member of the Engle class and whether t
• Neemias Ramirez Ramos v. State
  274 So. 3d 395· Fla. 4th DCA· 2019-06-05 ·cited 2×
  The defendant was convicted of two counts of sexual battery on a child under twelve years of age and sentenced to life imprisonment. The appellate court reversed and remanded for a new trial, finding that the trial court committed fundamental error by instructing the jury using t
• Thompson v. State
  273 So. 3d 1069· Fla. 1st DCA· 2019-04-22 ·cited 2×
  The summary denial of Thompson's postconviction motion alleging ineffective assistance of counsel was proper because all twelve claims were either legally insufficient under Strickland v. Washington or conclusively refuted by the trial record. A defendant seeking postconviction r
• Pumphrey v. State
  Del.· 2019-02-08 ·cited 2×
  The Court affirmed the defendant's convictions for Carjacking in the First Degree and Robbery in the First Degree. The Court vacated the conviction for Offensive Touching, acknowledging the State's concession that it was a lesser-included offense for which error was admitted. The
• In re Standard Jury Instructions in Crim. Cases - Report 2018-09
  262 So. 3d 59· Fla.· 2019-01-04 ·cited 2×
  The Florida Supreme Court reviewed proposed amendments to standard criminal jury instructions submitted by the Supreme Court Committee on Standard Jury Instructions in Criminal Cases. The Court authorized the amended instructions for publication and use, with minor modifications
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-12.
  249 So. 3d 554· Fla.· 2018-07-12 ·cited 2×
  The Florida Supreme Court authorized amendments to standard jury instructions for criminal cases involving sexual offender and sexual predator registration requirements, updating them to reflect recent statutory changes enacted by the Legislature in 2016 and 2017.
• Green v. State
  246 So. 3d 1295· Fla. 1st DCA· 2018-06-28 ·cited 2×
  This is an appellate decision addressing a probation revocation where the trial court found violations but the revocation order contained inaccurate language suggesting the appellant admitted to all alleged violations rather than only those actually found. The court affirmed the
• Scott v. State
  255 So. 3d 915· Fla. 1st DCA· 2018-05-31 ·cited 2×
  Convictions under section 322.34(2)(b), Florida Statutes, must be vacated and the defendant adjudicated guilty of the lesser included offense of driving without a valid driver's license.
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-01
  228 So. 3d 87· Fla.· 2017-10-12 ·cited 2×
  The Florida Supreme Court approved proposed amendments to five standard criminal jury instructions governing transferred intent, solicitation of minors for sexual conduct, and traveling to meet minors. The Court authorized the amended instructions for publication and use, with mi
• Toccara McClover v. State
  217 So. 3d 96· Fla. 4th DCA· 2017-04-19 ·cited 2×
  Toccara McClover appealed her convictions for two counts of felony retail theft. The court reversed the conviction on the second count (US1 Wal-Mart theft) based on prosecutorial vindictiveness, affirmed the speedy trial ruling, and reversed on improper jury instructions regardin
• McCOY v. State
  194 So. 3d 1058· Fla. 1st DCA· 2016-06-21 ·cited 2×
  Michael McCoy was convicted of manslaughter and aggravated battery with a firearm in connection with a shooting. On appeal, he challenged the jury instructions and verdict form contending that lesser-included offenses must be listed in descending order by degree, with aggravated
• Long v. State
  188 So. 3d 116· Fla. 1st DCA· 2016-04-04 ·cited 2×
  Long sought relief for ineffective assistance of appellate counsel, arguing his direct appeal counsel failed to raise fundamental error in jury instructions on burglary. The court found the jury instruction was erroneous and fundamental as to the McGowan burglary (where intent wa
• Gammage v. State
  181 So. 3d 1256· Fla. 2d DCA· 2015-12-30 ·cited 2×
  Patrick Gammage was convicted of tampering with jurors under Florida Statute § 918.12 for distributing articles about a lying confidential informant to potential jurors before his trial. The appellate court reversed his convictions, holding that the statute prohibits actual influ
• Osborn v. State
  177 So. 3d 1034· Fla. 1st DCA· 2015-11-03 ·cited 2×
  The Florida First District Court of Appeal held that a prior conviction for sexual battery can serve as a qualifying predicate offense for enhancement of simple battery to felony battery under Florida Statute § 784.03(2), because sexual battery necessarily includes battery as a l
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2015-01
  175 So. 3d 782· Fla.· 2015-09-24 ·cited 2×
  The Florida Supreme Court approved amendments to ten existing standard criminal jury instructions related to welfare fraud crimes and added one new instruction governing games of chance. The Court addressed comments from interested parties regarding whether repayment of wrongfull
• King v. State
  177 So. 3d 4· Fla. 2d DCA· 2015-07-29 ·cited 2×
  Antonio King appeals his convictions for first-degree murder, attempted first-degree murder, and attempted second-degree murder arising from a shooting incident. The court affirms the convictions and sentences but remands to correct scrivener's errors on the written judgment, hol