Lesser Included Offense

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

• Kimyatta Turner v. State
  771 So. 2d 1286· Fla. 4th DCA· 2000-11-29 ·cited 2×
• Himes v. State
  775 So. 2d 381· Fla. 2d DCA· 2000-11-29 ·cited 2×
  The court held that attempted battery on a law enforcement officer is a nonexistent felony and reversed that conviction, but affirmed two grounds for departure sentences.
• Short v. State
  767 So. 2d 575· Fla. 5th DCA· 2000-09-08 ·cited 2×
  Timothy Short was convicted of battery in Circuit Court after the State reduced its charges from a felony to misdemeanors. The appellate court quashed the judgment because the Circuit Court lacked jurisdiction to try a misdemeanor case absent an associated felony, rendering the j
• Koenig v. State
  757 So. 2d 595· Fla. 5th DCA· 2000-05-12 ·cited 2×
  Koenig was convicted of aggravated manslaughter of a child and child abuse. He appealed arguing that child abuse is subsumed within the manslaughter charge under Florida's statutory merger doctrine. The court affirmed his convictions, holding that child abuse and aggravated mansl
• Many v. State
  756 So. 2d 169· Fla. 4th DCA· 2000-03-29 ·cited 2×
  The court held that the defendant's claim of error regarding the jury instruction on attempted manslaughter was not preserved and would have been harmless error even if preserved.
• Brown v. State
  754 So. 2d 124· Fla. 5th DCA· 2000-03-17 ·cited 2×
  The dissenting opinion argues that the defendant should not have been convicted twice for resisting without violence, as the two incidents were separate and distinct, occurring before and after an arrest.
• Braham v. State
  766 So. 2d 297· Fla. 4th DCA· 2000-03-01 ·cited 2×
  The court held that the conviction for felony causing bodily injury under section 782.051(1) must be reversed due to insufficient evidence of an enumerated felony, but the evidence supported a conviction under section 782.051(2), which is a lesser statutory degree.
• Giles v. State
  763 So. 2d 1178· Fla. 4th DCA· 2000-01-26 ·cited 2×
  Darryl Giles was convicted of multiple counts including attempted second degree murder (reduced to battery), battery on a law enforcement officer, drug possession, and other offenses. The Fourth District reversed on double jeopardy grounds for dual convictions arising from a sing
• Gaffney v. State
  742 So. 2d 358· Fla. 2d DCA· 1999-08-13 ·cited 2×
  Todd Gaffney appeals his conviction for aggravated battery, challenging the trial court's denial of a self-defense instruction and its jury instruction on duty to retreat. The Second District Court of Appeal affirms the conviction, finding that the evidence did not support a self
• Parrish v. State
  736 So. 2d 752· Fla. 2d DCA· 1999-06-30 ·cited 2×
  The court held that the trial court erred in refusing to instruct the jury on petit theft as a lesser included offense of attempted robbery.
• Jasper D. Grimes v. State
  724 So. 2d 614· Fla. 5th DCA· 1998-12-23 ·cited 2×
  A prior robbery conviction can serve as a predicate for a felony petit theft conviction, even if the statute was later amended to allow any theft conviction.
• Suarez-Mesa v. State
  722 So. 2d 843· Fla. 2d DCA· 1998-11-06 ·cited 2×
  Suarez-Mesa was convicted of first-degree murder and other crimes related to the death of his estranged wife. The appellate court reversed his convictions for first-degree murder and burglary because the trial court erred in admitting a prejudicial videotape of an unrelated bond
• Brady v. State
  717 So. 2d 112· Fla. 5th DCA· 1998-09-04 ·cited 2×
  Billy Brady appeals his conviction for aggravated battery on a law enforcement officer, raising claims of double jeopardy, insufficient evidence, improper admission of evidence, and improper sentencing. The Florida District Court of Appeal affirms the conviction and sentence, rej
• Dante Beckford v. State
  748 So. 2d 284· Fla. 2d DCA· 1998-07-31 ·cited 2×
  A prior inconsistent statement, admitted solely for impeachment, cannot alone prove guilt beyond a reasonable doubt for aggravated assault with a deadly weapon.
• Kirk v. State
  708 So. 2d 636· Fla. 5th DCA· 1998-03-27 ·cited 2×
  Kirk appeals her conviction for resisting an officer with violence, arguing the trial court erred by refusing to instruct the jury on the lesser included offense of resisting arrest without violence. The Florida Supreme Court had recently held that resisting without violence is a
• Nelson v. State
  707 So. 2d 405· Fla. 5th DCA· 1998-03-13 ·cited 2×
  Marlon Nelson was convicted of possession of cocaine with intent to sell or deliver. The appellate court vacated the conviction and remanded for entry of a conviction for the lesser included offense of simple possession, finding insufficient evidence that Nelson possessed the coc
• McLAUGHLIN v. State
  700 So. 2d 392· Fla. 1st DCA· 1997-07-29 ·cited 2×
  Court affirmed convictions for second degree murder and shooting from a vehicle but vacated attempted third degree murder conviction because attempted felony murder is no longer a crime in Florida, and vacated all sentences due to sentencing scoresheet error.
• State v. O'Rourke
  696 So. 2d 387· Fla. 5th DCA· 1997-05-23 ·cited 2×
  The Florida Fifth District Court of Appeal reversed a trial court's order granting O'Rourke a new trial on attempted first-degree murder, finding that the failure to instruct the jury on justifiable and excusable homicide was harmless error when the crime charged was two steps re
• N. C. v. State
  691 So. 2d 575· Fla. 5th DCA· 1997-04-11 ·cited 2×
  Court reversed conviction for aggravated battery where the robbery charge did not allege the elements of aggravated battery, holding that aggravated battery cannot be a lesser included offense when the charging document lacks those elements.
• Maldanado v. State
  691 So. 2d 61· Fla. 3d DCA· 1997-04-09 ·cited 2×
  The court held that the trial court erred in denying the defendant's requested jury instruction on resisting a merchant.
• State v. Harris
  690 So. 2d 1297· Fla.· 1997-04-03 ·cited 2×
• Jones v. State
  691 So. 2d 33· Fla. 4th DCA· 1997-04-02 ·cited 2×
  Carlos Jones appeals his conviction for strong-arm robbery and 30-year habitual violent felony offender sentence. The Fourth District Court of Appeal affirms, finding sufficient evidence of Jones's participation in the robbery as an aider and abettor.
• Espinosa v. State
  690 So. 2d 656· Fla. 5th DCA· 1997-03-14 ·cited 2×
  The court held that the trial court must determine if the evidence presented at trial was sufficient to convict the defendant for the greater offense of resisting an officer with violence, even though the jury convicted him of a lesser offense.
• Henderson v. State
  689 So. 2d 1196· Fla. 4th DCA· 1997-03-12 ·cited 2×
  Dale Henderson was convicted of attempted trafficking in cocaine and sentenced using an improperly applied drug trafficking multiplier. The Fourth District Court of Appeal reversed and remanded for resentencing, holding that the multiplier applies only to level 7 or 8 offenses an
• Gibson v. State
  685 So. 2d 76· Fla. 1st DCA· 1996-12-20 ·cited 2×
• State v. Riggins
  684 So. 2d 818· Fla.· 1996-12-19 ·cited 2×
  The court held that where a conviction for attempted felony murder is vacated, retrial on lesser included offenses instructed upon is permissible. The defendant may be tried on offenses equal to or lesser than the vacated offense.
• Murphy v. State
  684 So. 2d 267· Fla. 4th DCA· 1996-12-04 ·cited 2×
  The court held that the failure to provide a complete jury instruction on the lesser-included offense of simple possession, when requested, warrants reversal and a new trial.
• Jackson v. State
  682 So. 2d 1227· Fla. 4th DCA· 1996-11-20 ·cited 2×
  Andrew Jackson was charged with petit theft in both circuit court (felony) and county court (misdemeanor) for stealing scissors. He pleaded no contest to the felony charge in circuit court and guilty to the misdemeanor charge in county court, receiving sentences in both. Jackson
• In the Interest of J.P. v. State
  681 So. 2d 1183· Fla. 2d DCA· 1996-10-16 ·cited 2×
  The court held that the evidence was insufficient to prove the value of the stolen jacket for a grand theft charge, but sufficient for petit theft.
• Bostwick v. State
  678 So. 2d 861· Fla. 1st DCA· 1996-08-14 ·cited 2×
  The court affirmed convictions for aggravated battery, armed robbery, attempted trafficking, and possession of a firearm by a felon, but reversed the conviction for possession of a firearm during the commission of a felony.
• State v. Stone
  677 So. 2d 982· Fla. 5th DCA· 1996-08-09 ·cited 2×
  Florida appeals the trial court's vacation of two lewd and lascivious assault convictions, arguing the evidence showed separate acts from the attempted sexual battery convictions. The appellate court reverses, holding that the evidence supported distinct criminal acts warranting
• Jackson v. State
  676 So. 2d 1033· Fla. 3d DCA· 1996-06-26 ·cited 2×
  Florida appellate court vacated defendant's attempted first-degree felony murder conviction under State v. Gray authority, rejected reduction to lesser offense, and affirmed denial of peremptory challenge based on finding of racial motivation.
• Triston Ellis v. State
  685 So. 2d 859· Fla. 1st DCA· 1996-06-19 ·cited 2×
  Triston Ellis was convicted of attempted first-degree felony murder, but the Florida Supreme Court's decision in State v. Gray abolished this crime. The appellate court reversed the conviction and remanded for further proceedings, certifying a question of great public importance
• Wiley v. State
  672 So. 2d 896· Fla. 1st DCA· 1996-05-07 ·cited 2×
  The court reversed the conviction for attempted third-degree murder because attempted felony murder is no longer a recognized crime in Florida, but affirmed the second-degree murder conviction and certified a question to the Florida Supreme Court regarding whether attempted mansl
• Riggins v. State
  671 So. 2d 244· Fla. 1st DCA· 1996-04-09 ·cited 2×
  Appellant's conviction for attempted third degree felony murder is reversed because it is a nonexistent crime. Remaining convictions are affirmed, but the case is remanded for resentencing.
• Beebe v. Hon. Clinton E. Foster
  661 So. 2d 401· Fla. 1st DCA· 1995-10-18 ·cited 2×
  The court held that the aggravated battery prosecutions were not barred by double jeopardy because the prior disorderly conduct convictions were not necessarily based on the same core offense.
• State v. Harris
  660 So. 2d 285· Fla. 5th DCA· 1995-07-07 ·cited 2×
  The trial court erred in reducing the conviction under Rule 3.620 because the evidence was legally sufficient, but should have granted a new trial under Rule 3.600(a)(2) if the verdict was against the weight of the evidence.
• ROE v. State
  654 So. 2d 1287· Fla. 1st DCA· 1995-05-31 ·cited 2×
• United States v. Horsley
  56 F.3d 50· 11th Cir.· 1995-05-01 ·cited 2×
  Marvin Jerome Horsley was convicted of cocaine distribution and distribution within 1,000 feet of a school playground. The Eleventh Circuit vacated convictions on the base distribution counts because distribution under 21 U.S.C. § 841(a) is a lesser included offense of the school
• Knight v. State
  653 So. 2d 457· Fla. 5th DCA· 1995-04-07 ·cited 2×
  Knight appeals his conviction for aggravated assault with a firearm and shooting at a building, challenging the trial judge's denial of his request to instruct the jury on the mandatory three-year minimum sentence for firearm-related offenses. The court affirms, holding that Flor
• Williams v. State
  651 So. 2d 1291· Fla. 2d DCA· 1995-03-15 ·cited 2×
• Harris v. State
  650 So. 2d 211· Fla. 3d DCA· 1995-02-15 ·cited 2×
  Joseph Harris appealed his conviction for aggravated assault with a firearm and improper exhibition of a firearm, challenging the trial court's reduction of the greater charge to a permissive lesser included offense and an allegedly improper witness reference to his arrest. The a
• Harris v. State
  649 So. 2d 923· Fla. 1st DCA· 1995-02-07 ·cited 2×
  Court reversed conviction for sale of cocaine within 200 feet of public housing facility because the statute's "public housing facility" provision is unconstitutionally vague, but affirmed conviction for simple possession of cocaine.
• Gonsoulin v. State
  642 So. 2d 146· Fla. 5th DCA· 1994-09-16 ·cited 2×
• Nettles v. State
  641 So. 2d 527· Fla. 4th DCA· 1994-08-31 ·cited 2×
• Fletcher v. State
  642 So. 2d 1096· Fla. 4th DCA· 1994-08-10 ·cited 2×
  Martin Fletcher appealed his conviction for attempted first degree murder of a law enforcement officer. The Florida District Court of Appeal, Fourth District, reversed his conviction on the attempted murder charge because he was entitled to a jury instruction on the lesser includ
• James v. State
  639 So. 2d 688· Fla. 2d DCA· 1994-07-08 ·cited 2×
  Mark D. James appeals his convictions for robbery with a firearm, first-degree burglary, kidnapping with a firearm, and aggravated battery with a deadly weapon. The appellate court reverses and remands for a new trial because the trial court failed to conduct a Richardson hearing
• Cunningham v. State
  647 So. 2d 164· Fla. 1st DCA· 1994-06-14 ·cited 2×
  In this direct criminal appeal, Cunningham challenges his convictions for purchase/possession of marijuana with intent to purchase and attempted possession of more than twenty grams of marijuana. The court reverses the purchase conviction due to inconsistent verdicts between coun
• Hettick v. State
  637 So. 2d 964· Fla. 2d DCA· 1994-06-03 ·cited 2×
  Michael Hettick was convicted of conspiracy to traffic in cocaine after a jury acquitted him on related possession and delivery charges. The appellate court reversed his conviction, holding that the trial court erred by refusing to instruct the jury on the lesser included offense
• Prince Narvel Wray v. State
  632 So. 2d 682· Fla. 5th DCA· 1994-02-25 ·cited 2×
  The court held that the trial court erred in imposing a mandatory minimum sentence for attempted armed kidnapping and attempted robbery with a weapon when the jury did not make a specific finding of firearm use. However, sufficient evidence supported the kidnapping and aggravated