Lesser Included Offense

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

• Arnold v. State
  627 So. 2d 1177· Fla. 4th DCA· 1993-10-20 ·cited 2×
• State v. Pomper
  620 So. 2d 1098· Fla. 4th DCA· 1993-06-30 ·cited 2×
  The State of Florida appealed the trial court's dismissal of charges against Myra Pomper for passing bad checks on double jeopardy grounds. The appellate court reversed, holding that the subsequent prosecution does not violate the Double Jeopardy Clause because the new charges in
• United States v. Bailey
  995 F.2d 1113· D.C. Cir.· 1993-06-18 ·cited 2×
  The court held that the defendant's conviction under 18 U.S.C. § 924(c) was not reversible based on prior circuit precedent, despite the dissenting judge's view that the precedent was misapplied.
• United States v. Thompson
  994 F.2d 864· D.C. Cir.· 1993-06-11 ·cited 2×
  The court affirmed both the conviction and the sentence, finding no reversible error in the refusal of a lesser included offense instruction or in the sentencing calculation.
• Gonzalez v. State
  617 So. 2d 847· Fla. 4th DCA· 1993-05-05 ·cited 2×
  Gonzalez was convicted of trafficking in cocaine in an amount of 400 grams or more after the trial court refused to instruct the jury on necessarily included lesser offenses involving smaller quantities (28-200 grams and 200-400 grams). The appellate court reversed, holding that
• United States v. Harley
  990 F.2d 1340· D.C. Cir.· 1993-04-20 ·cited 2×
  The court held that the defendant waived his right to challenge the suppression ruling by failing to object below, and that the admission of expert testimony was not an abuse of discretion or plain error. The court also affirmed that a lesser included offense does not require a l
• United States v. Parker
  991 F.2d 1493· 9th Cir.· 1993-04-20 ·cited 2×
  The court affirmed the convictions and sentences, finding no reversible error in the trial court's rulings or jury instructions.
• United States v. Scott
  987 F.2d 261· 5th Cir.· 1993-03-22 ·cited 2×
  The court held that the district court's failure to properly apprise the defendant of the direct consequences of his guilty plea, in violation of Fed.R.Crim.P. 11, constituted an entire failure to address a core concern, requiring automatic reversal. Additionally, convictions for
• United States v. Anderson
  987 F.2d 251· 5th Cir.· 1993-03-22 ·cited 2×
  The court held that separate convictions for manufacturing and attempting to manufacture methamphetamine are permissible if they involve factually distinct batches, and that sentencing based on the total weight of a substance containing a detectable amount of methamphetamine is p
• Johnson v. State
  615 So. 2d 808· Fla. 3d DCA· 1993-03-16 ·cited 2×
  The court held that a conviction for petit theft, which is not a lesser included offense of burglary, cannot stand if the defendant did not waive the error.
• United States v. Lindsay
  985 F.2d 666· 2d Cir.· 1993-02-05 ·cited 2×
  The court held that a defendant cannot be sentenced separately for a lesser-included offense (cocaine conspiracy) when also convicted of a greater offense (continuing criminal enterprise) for the same conduct. It also held that multiple firearms used in relation to a single drug-
• Carter v. State
  613 So. 2d 498· Fla. 5th DCA· 1993-01-08 ·cited 2×
  Ernest Carter appeals his conviction for attempted first-degree murder, challenging the exclusion of an alibi witness and the enhancement of his aggravated battery conviction based on firearm use. The court affirmed the conviction but vacated the sentence, finding the trial court
• United States v. Sneezer
  983 F.2d 920· 9th Cir.· 1992-12-30 ·cited 2×
  The court held that the district court erroneously concluded that two counts of aggravated sexual abuse should not be grouped together for sentencing purposes.
• Perez v. State
  610 So. 2d 648· Fla. 3d DCA· 1992-12-15 ·cited 2×
• United States v. Narvin J. Bordeaux, Jr.
  980 F.2d 534· 8th Cir.· 1992-12-02 ·cited 2×
  The court held that there was sufficient evidence of malice for second-degree murder, that the trial court did not err in refusing a voluntary manslaughter instruction, and that the defendant's confession was voluntary.
• United States v. Star
  979 F.2d 1319· 8th Cir.· 1992-11-18 ·cited 2×
  The court held that the trial court erred in refusing to instruct the jury on involuntary manslaughter, as there was sufficient evidence to support such a finding. The court also found the admission of Noah One Star's grand jury testimony permissible, but urged redaction.
• United States v. Seda
  978 F.2d 779· 2d Cir.· 1992-10-30 ·cited 2×
  An indictment charging both bank fraud under 18 U.S.C. § 1344 and making false statements to a bank under 18 U.S.C. § 1014 is multiplicitous when the false statements constitute the bank fraud, requiring the prosecution to elect between the charges.
• United States v. Clay Dalton Johnson
  977 F.2d 1360· 10th Cir.· 1992-09-29 ·cited 2×
  The court held that the denial of a continuance for a suppression hearing was not an abuse of discretion without a showing of specific testimony and due diligence, and that chain of custody issues go to weight, not admissibility, absent evidence of tampering. The court also vacat
• McINTYRE v. Trickey
  975 F.2d 437· 8th Cir.· 1992-09-04 ·cited 2×
  The Eighth Circuit held that prosecuting McIntyre for stealing a car after he had already been prosecuted for tampering with the same car violated the Double Jeopardy Clause, as the conduct constituting the tampering offense was used to prove essential elements of the stealing ch
• Diaz v. State
  601 So. 2d 1269· Fla. 3d DCA· 1992-06-30 ·cited 2×
  Joseph Diaz appeals his convictions for attempted first degree felony murder, false imprisonment, and robbery with a weapon. The Florida District Court of Appeal affirms, finding sufficient evidence of attempted first degree felony murder and rejecting Diaz's argument that the tr
• Denmark v. State
  604 So. 2d 845· Fla. 2d DCA· 1992-06-26 ·cited 2×
  Aaron Denmark was convicted of false imprisonment, two counts of lewd acts on a child, and two counts of battery after grabbing a 15-year-old victim and moving her onto his couch where he fondled and bit her. The appellate court affirms all convictions despite recognizing that th
• United States v. Johnson
  967 F.2d 1431· 10th Cir.· 1992-06-16 ·cited 2×
  The court held that the Assimilative Crimes Act permitted prosecution under New Mexico's aggravated assault statute because it filled a gap in federal law, as the federal statute required intent to do bodily harm while the state statute did not. The court also held that the trial
• United States v. Becker
  965 F.2d 383· 7th Cir.· 1992-06-05 ·cited 2×
  The court affirmed the defendant's convictions and sentence, finding no reversible error in the jury instructions, evidentiary rulings, or application of the Speedy Trial Act.
• United States v. Parker
  960 F.2d 498· 5th Cir.· 1992-05-13 ·cited 2×
  The court held that the defendant's conviction and consecutive sentencing for two distinct federal firearms offenses did not violate the Double Jeopardy Clause, and therefore, his counsel was not ineffective for failing to raise such an objection.
• Nelams v. State
  597 So. 2d 967· Fla. 5th DCA· 1992-05-08 ·cited 2×
• Wilson v. Armontrout
  962 F.2d 817· 8th Cir.· 1992-04-24 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition because the petitioner's claims of ineffective assistance of counsel and due process violations were without merit or procedurally barred.
• Rondell L. Shivers v. State
  593 So. 2d 318· Fla. 5th DCA· 1992-02-07 ·cited 2×
  Rondell Shivers was convicted of possession of cannabis in county court, then prosecuted in circuit court for the felony offense of introducing contraband into a detention facility based on the same marijuana. The court held that successive prosecution for a greater offense after
• United States v. Ulrich
  953 F.2d 1082· 8th Cir.· 1991-12-27 ·cited 2×
  The court held that the district court did not err in its rulings regarding the presumption of innocence, the defendant's defense, or sentencing, and affirmed the conviction and sentence.
• MacKlin v. State
  590 So. 2d 1044· Fla. 3d DCA· 1991-12-17 ·cited 2×
• United States v. Hicks
  945 F.2d 107· 5th Cir.· 1991-10-22 ·cited 2×
  A drug conspiracy violation can serve as a predicate offense for a continuing criminal enterprise (CCE) conviction. Claims regarding jury instructions are procedurally barred without a showing of cause and prejudice.
• State v. Smith
  589 So. 2d 320· Fla. 1st DCA· 1991-09-26 ·cited 2×
  The court held that the offenses of burglary and possession of burglary tools are separate and do not fall under statutory exceptions preventing separate convictions and sentences. Therefore, the trial court erred in arresting judgment on the possession charge.
• United States v. Motley
  940 F.2d 1079· 7th Cir.· 1991-08-20 ·cited 2×
  The court held that a conviction under 18 U.S.C. § 2(a) requires proof of an underlying offense, which was not provided, but a conviction for the lesser-included offense of 26 U.S.C. § 7206(2) is proper. The court also held that the exclusion of impeachment evidence was harmless
• United States v. Bulls
  940 F.2d 380· 8th Cir.· 1991-08-05 ·cited 2×
  The court held that a defendant is not entitled to a jury instruction on a lesser included offense if the evidence presented would not rationally allow a jury to convict on the lesser offense while acquitting on the greater offense.
• Harris v. United States
  938 F.2d 882· 8th Cir.· 1991-07-11 ·cited 2×
  The court held that the defendant's trial counsel was not constitutionally ineffective for failing to request a lesser-included-offense instruction because there was no reasonable probability the outcome would have differed.
• Simmons v. State
  580 So. 2d 295· Fla. 5th DCA· 1991-05-23 ·cited 2×
  The court analyzes the complex and unclear legal landscape surrounding the relationship between "greater" offenses like felony murder and weapon/firearm offenses, and their respective "lesser" predicate offenses, particularly concerning double jeopardy implications.
• Walls v. State
  579 So. 2d 823· Fla. 1st DCA· 1991-05-13 ·cited 2×
  Richard Walls appeals his conviction for possession of a firearm by a convicted felon on double jeopardy grounds, arguing he was previously convicted of armed burglary and grand theft of the same firearm. The court affirms, holding that the possession charge involves different co
• United States v. Blyden
  930 F.2d 323· 3d Cir.· 1991-04-16 ·cited 2×
  Appellants waived their right to claim double jeopardy by successfully seeking severance of the federal and territorial trials, which was based on grounds unrelated to factual guilt or innocence.
• West v. State
  573 So. 2d 404· Fla. 4th DCA· 1991-01-23 ·cited 2×
  Appellant's conviction for cocaine purchase within 1000 feet of a school was affirmed, but the trial court erred in sentencing on both purchase and possession counts where possession is a lesser-included offense, requiring reversal and dismissal of the possession count without af
• Coley v. State
  571 So. 2d 55· Fla. 4th DCA· 1990-12-05 ·cited 2×
  The court held that possession of cocaine is a lesser included offense of purchasing cocaine within 1000 feet of a school, and thus, convictions for both cannot stand.
• Tata v. Carver
  917 F.2d 670· 1st Cir.· 1990-10-31 ·cited 2×
  The court held that the refusal of a lesser included offense instruction in a non-capital state case does not violate federal due process unless it results in a fundamental miscarriage of justice.
• Gibson v. State
  565 So. 2d 402· Fla. 1st DCA· 1990-08-13 ·cited 2×
  The court held that the defendant could be convicted of both possession with intent to sell and sale of the same controlled substance, as the evidence showed possession of a larger quantity than what was sold.
• Rumble v. Smith
  905 F.2d 176· 8th Cir.· 1990-05-29 ·cited 2×
  The court held that the denial of a habeas corpus petition was proper because the defendant was not denied due process by being convicted of felony murder when indicted for capital murder, nor by the refusal to instruct on duress.
• State v. Alphonso McCRAY
  561 So. 2d 257· Fla.· 1990-05-03 ·cited 2×
  The Florida Supreme Court held that the legislature did not intend to punish as two separate offenses the sale of cocaine in a container, reversing drug paraphernalia convictions where the container was merely incidental to the drug sale itself. The decision clarifies that a sing
• United States v. Coldwell
  898 F.2d 1005· 5th Cir.· 1990-04-06 ·cited 2×
  The court held that the Blockburger test determines if prior prosecution bars subsequent charges, and that collateral estoppel requires a necessarily decided issue. The court affirmed dismissal of some counts, reversed dismissal of others, and dismissed Coldwell's appeal.
• Bateson v. Dugger
  556 So. 2d 498· Fla. 1st DCA· 1990-02-06 ·cited 2×
  The denial of the petition for writ of habeas corpus is affirmed because the appellant failed to state a prima facie case of ineffective assistance of counsel.
• Wilson v. State
  549 So. 2d 702· Fla. 1st DCA· 1989-09-06 ·cited 2×
  Calvin Wilson appealed his convictions for cocaine sale and possession with intent to sell, challenging prosecutorial misconduct, denial of an entrapment instruction, and double jeopardy violations. The appellate court found the first two claims without merit but agreed that conv
• Adams v. State
  547 So. 2d 333· Fla. 5th DCA· 1989-08-10 ·cited 2×
  A defendant cannot be convicted of both burglary of a conveyance with a battery therein and aggravated battery when the battery is the same act.
• United States v. Ramirez-Ramirez
  875 F.2d 772· 9th Cir.· 1989-05-25 ·cited 2×
  A defendant charged with drug importation and possession need not know the specific type or amount of the controlled substance, only that they possessed a controlled substance.
• United States v. Koritko
  870 F.2d 738· D.C. Cir.· 1989-03-28 ·cited 2×
  The court held that the U.S. District Court lacked jurisdiction to try local offenses when they were not joined in the same charging document with federal offenses. The conviction must be vacated due to this jurisdictional defect.
• Sutton v. State OF Md.
  865 F.2d 608· 4th Cir.· 1989-03-20 ·cited 2×
  The dissenting judge argues that the sentence for common law assault should not be limited by the maximum penalties for statutory assaults when only common law assault is charged. The sentence is subject only to Eighth Amendment limitations.