Lesser Included Offense

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

• In re Standard Jury Instructions IN Crim. Cases-Instructions 9.1 & 9.2
  167 So. 3d 443· Fla.· 2015-06-18 ·cited 2×
  The Florida Supreme Court amended standard jury instructions 9.1 (Kidnapping) and 9.2 (False Imprisonment) to clarify the definition of "secretly" by including the victim's name in parentheses rather than using the generic reference "the victim," following a public comment period
• Raffus Whitfield v. State
  164 So. 3d 745· Fla. 5th DCA· 2015-05-22 ·cited 2×
  Raffus Whitfield was convicted of violent crimes including burglary of a conveyance with battery with a weapon, attempted carjacking, and aggravated battery. The Fifth DCA affirmed his convictions and sentences but reversed the aggravated battery conviction as a lesser included o
• Littleman v. State
  159 So. 3d 975· Fla. 1st DCA· 2015-03-18 ·cited 2×
  Littleman was convicted of multiple offenses related to using a computer service to solicit a minor and traveling to meet that minor for sexual conduct. The First District Court of Appeal affirmed his convictions despite recognizing a potential double jeopardy conflict with other
• Amadeo Valls v. State
  159 So. 3d 234· Fla. 3d DCA· 2015-02-25 ·cited 2×
  Amadeo Valls was convicted of first-degree murder and armed burglary in connection with a shooting death at a residential property. The Florida appellate court reversed his convictions and remanded for a new trial, holding that the trial court erred by excluding a critical jury i
• Nelsenn Simon v. State
  162 So. 3d 216· Fla. 4th DCA· 2015-02-11 ·cited 2×
  On remand from the Florida Supreme Court, the Fourth District Court of Appeal reversed Simon's second-degree murder conviction due to a fundamentally erroneous jury instruction on the lesser included offense of manslaughter by act, following the Supreme Court's decision in Haygoo
• Fredrick Lee Wade v. State
  155 So. 3d 1257· Fla. 1st DCA· 2015-02-03 ·cited 2×
  Fredrick Wade challenges his second-degree murder conviction, arguing the trial court committed fundamental error by failing to instruct the jury on manslaughter by culpable negligence as a lesser included offense. The appellate court holds that such an omission constitutes funda
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2014-03
  156 So. 3d 1037· Fla.· 2015-01-29 ·cited 2×
  The Florida Supreme Court authorized amended standard jury instructions for six sexual battery-related crimes. The Court approved changes proposed by the Supreme Court Committee on Standard Jury Instructions in Criminal Cases to update the instructions to reflect current statutor
• Brown v. State
  150 So. 3d 281· Fla. 1st DCA· 2014-11-14 ·cited 2×
  Anthony Bernard Brown was convicted of introducing contraband into a county detention facility under Florida Statute 951.22(1). The First District Court of Appeal reversed, holding that the statute requires proof of mens rea (knowing and willful action) as an element, and the jur
• James v. State
  150 So. 3d 864· Fla. 4th DCA· 2014-11-05 ·cited 2×
  The court held that a defendant waives the right to challenge an altered jury verdict by failing to object before the jury is discharged, and such an alteration, if it reflects a jury pardon, does not constitute fundamental error.
• Diodato v. State
  150 So. 3d 867· Fla. 4th DCA· 2014-11-05 ·cited 2×
  The court held that investigative costs for DNA and firearms testing were properly assessed against a defendant convicted of lesser-included offenses, as the costs were reasonably and necessarily related to the prosecution of those offenses.
• Abel Lugones v. State
  147 So. 3d 1081· Fla. 3d DCA· 2014-10-01 ·cited 2×
  The court held that giving the standard jury instruction on attempted manslaughter, which erroneously included an intent to kill element, constituted reversible error when the defendant was convicted of an offense not more than one step removed from attempted manslaughter.
• Higgs v. State
  139 So. 3d 411· Fla. 5th DCA· 2014-05-23 ·cited 2×
  Michael Higgs was convicted of trespass on a construction site, a third-degree felony, but the Florida Fifth District Court of Appeal reversed because the State failed to prove the site was "legally posted" as alleged in the information. The court held that the State must prove t
• Manata v. State
  213 So. 3d 973· Fla. 1st DCA· 2014-03-20 ·cited 2×
  Amanda Manata appeals her convictions for organized scheme to defraud and grand theft after an open plea. The court affirms the organized scheme to defraud conviction but reverses and remands the grand theft conviction on double jeopardy grounds, as both convictions were based on
• Milagro Cunningham v. State
  162 So. 3d 1· Fla. 4th DCA· 2014-02-26 ·cited 2×
  On remand from the Florida Supreme Court following its decision in Williams II, the Fourth District Court of Appeal reviewed whether the trial court committed fundamental error by giving a standard jury instruction on attempted manslaughter by act when the defendant was convicted
• Means v. State
  127 So. 3d 750· Fla. 1st DCA· 2013-11-26 ·cited 2×
  Dual convictions for grand theft auto and obtaining a vehicle with intent to defraud are impermissible under double jeopardy, and the restitution amount ordered must be supported by evidence.
• Ebron v. State
  134 So. 3d 481· Fla. 1st DCA· 2013-11-20 ·cited 2×
  Appellant Ebron was convicted of attempted voluntary manslaughter by act after a shooting incident at an apartment. On appeal, he challenged the jury instruction on attempted voluntary manslaughter as containing the erroneous 'intent to kill' element disapproved in State v. Montg
• Lafferty v. State
  114 So. 3d 1115· Fla. 2d DCA· 2013-06-14 ·cited 2×
  Adam Lafferty was convicted of petit theft of the second degree for a purse snatching, then subsequently prosecuted for robbery by sudden snatching arising from the same incident. The court reversed his robbery conviction, holding that double jeopardy principles prohibit successi
• State v. Levitan
  115 So. 3d 1065· Fla. 1st DCA· 2013-06-13 ·cited 2×
  Florida appealed a trial court's order granting a judgment of acquittal on ten grand theft counts on double jeopardy grounds, while Levitan appealed his conviction for aggravated white collar crime. The appellate court affirmed the aggravated white collar crime conviction but rev
• Thomas v. State
  101 So. 3d 917· Fla. 5th DCA· 2012-11-30 ·cited 2×
  Phillip Thomas was convicted of one count of aggravated assault with a firearm and two counts of improper exhibition of a firearm following a single criminal episode. The appellate court reversed one of the improper exhibition convictions, holding that Florida's double jeopardy p
• Dagerath v. State
  100 So. 3d 1260· Fla. 4th DCA· 2012-11-21 ·cited 2×
  Defendant Dagerath appeals a restitution order following conviction of trespass of a structure and trespass of a conveyance as lesser-included offenses. The court held that while the broken truck window was causally connected to the trespass, the dashboard damage and missing GPS
• COX v. State
  127 So. 3d 561· Fla. 4th DCA· 2012-11-14 ·cited 2×
  The court held that giving the standard jury instruction on attempted manslaughter was not fundamental error in a prosecution for attempted first degree murder where the defendant was convicted of attempted second degree murder.
• Tavares McDUFFIE v. State
  135 So. 3d 317· Fla. 1st DCA· 2012-10-19 ·cited 2×
  Appellant Tavares McDuffie sought postconviction relief claiming ineffective assistance of counsel for failing to object to an amended information charging a more serious offense filed after expiration of the speedy trial period. The court held that counsel was constitutionally d
• Leggett v. State
  103 So. 3d 131· Fla.· 2012-09-06 ·cited 2×
  The Florida Supreme Court accepted jurisdiction in a case certified as conflicting with its prior decision in State v. Montgomery. The Court found that the Third District Court of Appeal's reasoning in Leggett was inconsistent with the Supreme Court's Montgomery decision holding
• Davila v. State
  98 So. 3d 122· Fla. 5th DCA· 2012-07-20 ·cited 2×
  Separate convictions for resisting an officer with and without violence are prohibited if they arise from the same criminal episode, as the lesser offense is subsumed by the greater.
• Hanson v. State
  92 So. 3d 288· Fla. 5th DCA· 2012-07-13 ·cited 2×
• L.C.G. v. State
  91 So. 3d 197· Fla. 2d DCA· 2012-06-15 ·cited 2×
  The court held that a conviction for resisting an officer without violence cannot stand when it is not a necessarily lesser-included offense of the charged crime and the charging document fails to allege its essential elements.
• Francis v. State
  77 So. 3d 806· Fla. 3d DCA· 2011-12-28 ·cited 2×
• Harris v. State
  76 So. 3d 1080· Fla. 2d DCA· 2011-12-28 ·cited 2×
  Anthony James Harris was convicted of robbery with a firearm but charged only with attempted robbery with a firearm. The court reversed his conviction, holding that the trial court committed fundamental error by sentencing Harris for a crime not charged in the information, and re
• Zeigler v. State
  75 So. 3d 236· Fla.· 2011-10-27 ·cited 2×
  The court held that the district court's reasoning in Zeigler was inconsistent with the prior ruling in Montgomery, and that the erroneous jury instruction constituted fundamental error.
• Valdes-Pino v. State
  75 So. 3d 235· Fla.· 2011-10-27 ·cited 2×
  The court held that the district court's reliance on Zeigler was inconsistent with the prior ruling in Montgomery, which established that an erroneous jury instruction on manslaughter by act constitutes fundamental reversible error.
• White v. State
  72 So. 3d 208· Fla. 5th DCA· 2011-09-30 ·cited 2×
  The Florida District Court of Appeal reviewed a conviction for second-degree murder with a firearm and attempted robbery. The court found that the jury instruction on manslaughter by procurement was fundamental error because it incorrectly required proof of intent to procure the
• State v. GIL
  68 So. 3d 999· Fla. 3d DCA· 2011-09-07 ·cited 2×
  Florida appealed the dismissal of a felony charge for driving with a revoked license as a habitual traffic offender, arguing that such a charge does not violate double jeopardy protections even though the defendant was previously convicted of driving with a suspended license. The
• Luther v. State
  68 So. 3d 384· Fla. 5th DCA· 2011-08-26 ·cited 2×
  Anthony Luther was convicted of selling cocaine within 1,000 feet of a public housing facility under Florida law. The appellate court reversed the conviction on the enhanced charge because the State failed to prove the location was a public housing facility, but remanded for conv
• Williams v. State
  65 So. 3d 1209· Fla. 2d DCA· 2011-08-03 ·cited 2×
  The trial court's failure to instruct the jury on the justifiable use of nondeadly force, when requested and supported by evidence, constitutes reversible error that was not harmless.
• McCLOUD v. State
  60 So. 3d 1094· Fla. 4th DCA· 2011-04-13 ·cited 2×
  Terrance McCloud was convicted of burglary of a dwelling, but the trial court erroneously refused to instruct the jury on the lesser-included offense of trespass despite defense counsel's request. The appellate court reversed because the charging document contained all elements o
• Dees v. State
  54 So. 3d 644· Fla. 1st DCA· 2011-03-02 ·cited 2×
• Jackson v. State
  49 So. 3d 271· Fla. 1st DCA· 2010-08-31 ·cited 2×
  Florida appellate court affirmed second-degree murder conviction despite erroneous jury instruction on manslaughter by act, because the jury was also instructed on the alternative lesser-included offense of manslaughter by culpable negligence.
• Reggie Griffin v. State
  41 So. 3d 927· Fla. 1st DCA· 2010-07-13 ·cited 2×
  The court held that the trial court did not commit fundamental error in its jury instructions for attempted voluntary manslaughter, even with the inclusion of language about premeditated intent.
• Blount v. State
  30 So. 3d 662· Fla. 4th DCA· 2010-03-17 ·cited 2×
  Devin Blount appeals his convictions for third-degree grand theft and battery. The court affirms the battery conviction but reverses the grand theft conviction, finding insufficient evidence of the stolen property's value, and remands for adjudication of the lesser-included offen
• State v. D.C.
  29 So. 3d 1167· Fla. 4th DCA· 2010-03-03 ·cited 2×
  The court held that adjudicating a juvenile delinquent for an uncharged offense, which was not a lesser included offense of the original charge, constitutes fundamental error requiring dismissal.
• Glover v. State
  29 So. 3d 325· Fla. 1st DCA· 2010-01-12 ·cited 2×
  The court held that the conviction for furnishing a firearm to a minor is not a lesser included offense of manslaughter by culpable negligence, and thus dual convictions are permissible under the statute.
• Allen v. State
  18 So. 3d 741· Fla. 2d DCA· 2009-10-16 ·cited 2×
  Court reversed trafficking conviction and remanded for attempted trafficking conviction because evidence established only an attempted purchase, not an actual purchase, of cocaine.
• Chentee Maurice KEY v. State
  13 So. 3d 1113· Fla. 3d DCA· 2009-07-22 ·cited 2×
  The court held that the defendant's claim regarding the sufficiency of the charging document for armed sexual battery had already been decided on direct appeal.
• Lukce Aime v. State
  4 So. 3d 57· Fla. 4th DCA· 2009-02-18 ·cited 2×
  The defendant was convicted of manslaughter with a firearm after being charged with first-degree murder in a shooting incident. The appellate court reversed the conviction, holding that the state failed to introduce sufficient evidence to prove beyond a reasonable doubt that the
• S.W. v. State
  999 So. 2d 701· Fla. 3d DCA· 2008-12-17 ·cited 2×
  S.W., a thirteen-year-old juvenile, was charged with burglary, theft, and criminal mischief after being found in a stolen vehicle. The trial court acquitted him of theft and criminal mischief but convicted him of burglary. The appellate court affirmed, holding that an acquittal o
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2008-03. In re Standard Jury Instructions In Crim. Cases-Report No. 2008-06
  996 So. 2d 851· Fla.· 2008-11-26 ·cited 2×
  The Florida Supreme Court authorized revised standard jury instructions for crimes of resisting an officer with and without violence, incorporating the requirement that defendants must have known the victim's officer status, as established in Polite v. State.
• S.E.B. v. State
  994 So. 2d 1216· Fla. 2d DCA· 2008-11-14 ·cited 2×
  The court held that the State failed to establish constructive possession of felony marijuana and drug paraphernalia, but sufficient evidence supported a conviction for misdemeanor marijuana possession.
• Novel C. Eford v. State
  993 So. 2d 1170· Fla. 5th DCA· 2008-11-07 ·cited 2×
  The court held that appellate counsel was not ineffective for failing to raise the issue of the trial court's omission of justifiable and excusable attempted homicide instructions, as such an omission does not constitute fundamental error in this context.
• Ritter v. State
  989 So. 2d 1277· Fla. 2d DCA· 2008-09-12 ·cited 2×
  Dana Ritter was convicted of grand theft for cashing her employee Lori Habib's paychecks. The court reverses because the trial judge may have based his guilty verdict on an uncharged theory—that Ritter committed fraud against the payroll agency Dream Weavers rather than theft fro
• Moore v. State
  983 So. 2d 691· Fla. 1st DCA· 2008-06-05 ·cited 2×
  The court held that a conviction for third-degree felony murder is improper when the underlying felony is robbery, as robbery is an expressly excluded predicate felony by statute.