Lesser Included Offense

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

• Wanas Walls v. State
  977 So. 2d 802· Fla. 4th DCA· 2008-04-09 ·cited 2×
  Wanas Walls appeals his convictions for robbery by sudden snatching, three counts of fraudulent use of a credit card, and grand theft by fraudulent use of credit card. The Fourth District Court of Appeal reversed all convictions, reducing the robbery charge to petit theft and fin
• Carrin v. State
  978 So. 2d 115· Fla.· 2008-03-06 ·cited 2×
  The Florida Supreme Court quashed a First District Court of Appeal decision that had reversed Raymond Carrin's aggravated assault conviction and directed entry of judgment for the lesser included offense of culpable negligence. The Court vacated this decision in light of its rece
• Watson v. State
  974 So. 2d 1168· Fla. 4th DCA· 2008-02-20 ·cited 2×
  The court held that convictions for battery on a law enforcement officer and resisting an officer with violence cannot stand when based on an illegal traffic stop, as the State cannot prove the 'lawful execution' element.
• Gallo v. Al Lamberti
  972 So. 2d 305· Fla. 4th DCA· 2008-01-23 ·cited 2×
  Jonathan Gallo sought habeas corpus relief to challenge his pretrial detention on a second-degree murder charge. The court denied his petition, holding that the state presented sufficient evidence to meet the constitutional threshold for denying bail, as the proof of guilt was ev
• James v. State
  973 So. 2d 528· Fla. 5th DCA· 2007-12-21 ·cited 2×
  Curtis James appeals the denial of his Rule 3.850 motion for ineffective assistance of counsel. The Florida Supreme Court remanded the case for reconsideration in light of Sanders v. State, which held that when trial counsel fails to request a necessarily lesser included offense
• Hadnot v. State
  956 So. 2d 1206· Fla. 5th DCA· 2007-05-18 ·cited 2×
  The court held that the trial court did not err in instructing the jury on resisting an officer without violence, as the evidence supported the charge and the defendant did not preserve the issue of fundamental error.
• Thorton Semone Pettway v. State
  956 So. 2d 541· Fla. 4th DCA· 2007-05-16 ·cited 2×
  The court held that convictions for possession with intent to sell and simple possession of the same cannabis violate double jeopardy rights.
• Henderson v. State
  952 So. 2d 1269· Fla. 2d DCA· 2007-04-13 ·cited 2×
  Sherman Henderson was convicted of possession of marijuana with intent to sell within 1000 feet of a public housing facility. The court reversed because the 1000-foot proximity enhancement did not take effect until after Henderson committed the offense; the applicable 2002 statut
• Green v. State
  951 So. 2d 962· Fla. 1st DCA· 2007-03-13 ·cited 2×
  Danny Green appeals his conviction for sex crimes against two victims, challenging the trial court's decision to continue trial late into the evening rather than adjourn until the next day. The First District Court of Appeal affirmed, holding that the trial judge did not abuse hi
• Sanders v. State
  950 So. 2d 495· Fla. 4th DCA· 2007-02-28 ·cited 2×
  Wesley Sanders was convicted of burglary of a dwelling as a lesser included offense of burglary with assault and battery after breaking into his ex-girlfriend's apartment. On appeal, Sanders challenged the sufficiency of evidence, but the court affirmed, finding that evidence sup
• Arino v. State
  944 So. 2d 1120· Fla. 5th DCA· 2006-12-01 ·cited 2×
  Appellant was convicted of driving with a revoked license as a habitual traffic offender and appealed the trial court's denial of his motion to bifurcate the trial. The court affirmed, holding that bifurcation was improper because the habitual traffic offender designation was an
• Slicker v. State
  941 So. 2d 1191· Fla. 2d DCA· 2006-10-27 ·cited 2×
  Sarah Slicker was convicted of lewd or lascivious exhibition, a second-degree felony, after disrobing in front of a young child she was babysitting. The Florida District Court of Appeal reversed and remanded for a new trial, finding that the trial court erred in excluding relevan
• Taylor v. State
  931 So. 2d 1055· Fla. 4th DCA· 2006-06-28 ·cited 2×
  The appellate court affirmed the conviction, holding that the defendant's objection to the jury instructions and verdict form was not properly preserved for appeal.
• State v. Holmes
  929 So. 2d 719· Fla. 5th DCA· 2006-05-26 ·cited 2×
  The State of Florida appealed a trial court's summary grant of Holmes' postconviction motion alleging ineffective assistance of counsel for failing to request a jury instruction on attempted voluntary manslaughter. The Fifth District reversed and remanded, holding that such ineff
• Santana v. State
  931 So. 2d 954· Fla. 3d DCA· 2006-05-10 ·cited 2×
  Ronnie Santana was convicted of aggravated battery with a firearm (lesser included offense of attempted first-degree murder) and unlawfully shooting into an occupied vehicle. The appellate court affirmed the convictions but reversed the sentencing, holding that the trial court im
• Henry v. State
  930 So. 2d 716· Fla. 1st DCA· 2006-05-03 ·cited 2×
  The court held that the trial judge's oral sentencing pronouncement, despite initial ambiguity, clearly indicated intent to impose consecutive sentences for two separate offenses, and that the misdemeanor battery conviction must be vacated due to double jeopardy as it arose from
• Baker v. State
  925 So. 2d 484· Fla. 4th DCA· 2006-04-19 ·cited 2×
• Green v. State
  925 So. 2d 470· Fla. 4th DCA· 2006-04-12 ·cited 2×
  Marcus Green was convicted of armed trafficking in cocaine, attempted felony murder, armed robbery, and conspiracy to traffic in cocaine after participating in an undercover drug sting. He appealed arguing the circumstantial evidence of cocaine conspiracy was insufficient because
• State v. Dewarn Antonio Brown
  924 So. 2d 86· Fla. 3d DCA· 2006-03-08 ·cited 2×
  The State appealed a trial court's post-trial order vacating a felony murder conviction as legally inconsistent with a jury's guilty verdict on a lesser included offense of theft. The appellate court reversed, holding that no true legal inconsistency existed because the felony mu
• Hillman v. State
  920 So. 2d 48· Fla. 5th DCA· 2005-12-16 ·cited 2×
  Paul Hillman appealed his convictions for burglary and aggravated assault, challenging jury instructions on the elements of burglary. The court found the jury instructions defined burglary in a circular manner and constituted fundamental error, entitling Hillman to a new trial on
• Brock v. State
  911 So. 2d 271· Fla. 5th DCA· 2005-09-30 ·cited 2×
  Shawn Brock appeals his convictions for multiple felonies including two counts of home-invasion robbery arising from the same criminal episode against different victims in the same dwelling. The court holds that double jeopardy principles prohibit multiple convictions for home-in
• Ernst Mollenberg v. State
  907 So. 2d 554· Fla. 5th DCA· 2005-06-24 ·cited 2×
  Mollenberg appeals his DUI conviction, raising the certified question of whether a defendant is entitled to a jury instruction on attempted DUI where driving is undisputed but impairment is contested. The Florida Fifth District Court of Appeal holds that attempt does not apply to
• Wardell v. State
  901 So. 2d 289· Fla. 5th DCA· 2005-04-29 ·cited 2×
  Christopher Wardell appealed his conviction for trafficking in hydrocodone, raising issues about a search warrant, trial testimony violating a stipulation, and a jury instruction on simple possession. The Florida District Court of Appeal reversed the conviction, holding that the
• Flesner v. State
  890 So. 2d 331· Fla. 2d DCA· 2004-12-10 ·cited 2×
  Jonathan Flesner was convicted of robbery with a weapon after being charged with robbery with a deadly weapon, using a BB gun without an active CO2 cartridge. The court affirmed his conviction but remanded for correction of a scrivener's error in the judgment and declined to revi
• Wilson v. State
  884 So. 2d 1036· Fla. 4th DCA· 2004-10-13 ·cited 2×
  The appellate court affirmed a conviction for attempted lewd or lascivious molestation. The court rejected the appellant's arguments that the state failed to exclude a reasonable hypothesis of innocence and that the trial court erred in re-instructing the jury.
• Rayl v. State
  891 So. 2d 1052· Fla. 2d DCA· 2004-09-17 ·cited 2×
  The court held that the trial court properly denied the motion for postconviction relief because the defendant's trial counsel was not ineffective for failing to object to a jury instruction on manslaughter, as manslaughter is a lesser included offense of second-degree murder.
• Anderson v. State
  877 So. 2d 958· Fla. 5th DCA· 2004-07-30 ·cited 2×
  The court affirmed convictions for kidnaping and felony battery, but vacated the conviction for simple battery on a person over sixty-five due to double jeopardy, as it arose from the same criminal episode as battery on a person over sixty-five and required proof of an element th
• Guardiola v. State
  884 So. 2d 140· Fla. 2d DCA· 2004-07-16 ·cited 2×
  The court held that appellate counsel's failure to raise the issue of the trial court's fundamental error in failing to instruct the jury on excusable and justifiable homicide constituted ineffective assistance.
• Corpstein v. State
  872 So. 2d 307· Fla. 2d DCA· 2004-04-14 ·cited 2×
  The court held that the trial court erred in refusing to instruct the jury on the lesser included offense of conspiracy to deliver cocaine when the charging document alleged delivery and the evidence could support a conviction for the lesser offense.
• C.L.C. v. State
  868 So. 2d 685· Fla. 5th DCA· 2004-04-02 ·cited 2×
• Miller v. State
  867 So. 2d 1274· Fla. 4th DCA· 2004-03-24 ·cited 2×
• Dayes v. State
  869 So. 2d 58· Fla. 3d DCA· 2004-03-10 ·cited 2×
  Matthew Dayes appeals his conviction for aggravated battery as a lesser included offense in an attempted second-degree murder case. The court affirmed, holding that the jury's finding that Dayes did not personally use a firearm was consistent with his conviction as a principal wh
• Moran v. State
  869 So. 2d 613· Fla. 4th DCA· 2004-03-10 ·cited 2×
  Gabriel Moran was charged with attempted first degree murder in a defective charging document that failed to allege premeditation, but was convicted by jury of the lesser included offense of attempted second degree murder. The appellate court affirmed the conviction, finding the
• Tilbert Baynham v. State
  862 So. 2d 808· Fla. 4th DCA· 2003-12-03 ·cited 2×
  The Fourth District Court of Appeal reversed Baynham's carjacking conviction, holding that the trial court erred in refusing to instruct the jury on robbery as a necessarily lesser-included offense of carjacking. The court concluded that because every carjacking is also a robbery
• MacOn v. State
  854 So. 2d 834· Fla. 5th DCA· 2003-09-19 ·cited 2×
  The court held that a defendant charged with resisting an officer without violence is entitled to a jury instruction on the legality of the arrest if the defense raises that issue.
• Pinkard v. State
  852 So. 2d 377· Fla. 5th DCA· 2003-08-15 ·cited 2×
  The court held that the circuit court lacked subject matter jurisdiction to enter judgment on a misdemeanor battery charge when the case had been elevated to a felony charge in circuit court and the state later elected to proceed only on the lesser misdemeanor offense.
• Range v. State
  834 So. 2d 379· Fla. 4th DCA· 2003-01-15 ·cited 2×
  A defendant cannot be convicted of a crime not charged in the information, nor a lesser included offense, unless the information alleges the elements of that offense.
• Howard v. State
  835 So. 2d 281· Fla. 2d DCA· 2002-11-06 ·cited 2×
  Alvin Howard appeals the denial of his post-conviction motion for relief under Florida Rule of Criminal Procedure 3.850, raising seven ineffective assistance of counsel claims. The appellate court affirmed the denial of five claims but reversed the denial of two claims regarding
• Nolan Jones v. State
  829 So. 2d 351· Fla. 1st DCA· 2002-11-01 ·cited 2×
  Florida appellate court affirmed burglary conviction and habitual felony offender designation, rejecting claims that denial of theft jury instruction was reversible error and that Apprendi challenges to habitual offender status lack merit.
• C.A.T. v. State
  828 So. 2d 435· Fla. 1st DCA· 2002-10-09 ·cited 2×
  C.A.T., a juvenile, was convicted of battery on a law enforcement officer after being charged with resisting arrest with violence. The appellate court reversed, holding that battery on a law enforcement officer is not a lesser included offense of resisting arrest with violence, a
• Amendments to Florida Rules of Juvenile Procedure
  827 So. 2d 219· Fla.· 2002-09-05 ·cited 2×
  The Florida Supreme Court approved proposed amendments to the Florida Rules of Juvenile Procedure reported by the Juvenile Court Rules Committee, with modifications to Rule 8.255 regarding masters and Form 8.929 regarding detention fees. The Court declined to limit the role of ma
• Auburn Webb v. State
  816 So. 2d 1190· Fla. 4th DCA· 2002-05-22 ·cited 2×
  Auburn Webb challenged his convictions for driving on a revoked license under two separate Florida statutes on double jeopardy grounds. The Fourth District Court of Appeal affirmed, holding that the legislature intended to authorize separate convictions and sentences for driving
• McMANAMA v. State
  816 So. 2d 781· Fla. 2d DCA· 2002-05-10 ·cited 2×
  Richard McManama was convicted of misdemeanor DWLS at his first appearance, but the State later filed charges for felony DWLS arising from the same traffic violation. The court reversed his felony conviction, holding that it violated his double jeopardy protections because misdem
• Higgs v. State
  801 So. 2d 269· Fla. 4th DCA· 2001-12-12 ·cited 2×
  Jason Higgs was convicted of attempted manslaughter, attempted aggravated battery, and attempted robbery after a jury rejected the trial court's refusal to instruct on aggravated assault as a lesser included offense. The Fourth District affirmed, holding that because the informat
• Childers v. State
  800 So. 2d 709· Fla. 2d DCA· 2001-12-05 ·cited 2×
  John Childers appeals the summary denial of his rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel. The court affirms the denial of his first claim but reverses and remands his second claim alleging counsel failed to request a jury instruction
• Lucretia S. Smith v. State
  793 So. 2d 1118· Fla. 1st DCA· 2001-09-06 ·cited 2×
  Smith was convicted of DUI causing serious bodily injury under Florida statute 316.193(3)(c)2, but the appellate court reversed, holding that the statute requires injury to another person and does not authorize conviction where only the driver is injured, despite ambiguous statut
• Sears v. State
  790 So. 2d 1154· Fla. 2d DCA· 2001-07-11 ·cited 2×
  Separate convictions for different offenses involving multiple victims during the same episode do not violate double jeopardy principles.
• Devandal Thomas v. State
  789 So. 2d 1104· Fla. 4th DCA· 2001-06-20 ·cited 2×
  Defendant Thomas appealed his conviction for attempted carjacking with a firearm, contesting whether the trial court properly resubmitted the verdict form to the jury to correct a clerical error. The Fourth District Court of Appeal affirmed, holding that the trial court did not e
• Blackshear v. State
  774 So. 2d 893· Fla. 4th DCA· 2001-01-03 ·cited 2×
  Douglas Blackshear appealed his conviction for three counts of robbery with a firearm, challenging the trial court's denial of a peremptory challenge and arguing he was entitled to a lesser-included offense instruction. The Fourth District Court of Appeal affirmed, finding the tr
• Newell v. State
  772 So. 2d 597· Fla. 5th DCA· 2000-12-01 ·cited 2×
  The court held that the trial court did not err in admitting testimony about a prior incident and that the defendant waived the objection to the jury instructions.