Lesser Included Offense

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

• Neville v. Butler
  867 F.2d 886· 5th Cir.· 1989-03-15 ·cited 2×
  A conviction for both felony murder and the underlying felony violates the Double Jeopardy Clause, even after a guilty plea.
• Simmons v. State
  541 So. 2d 1212· Fla. 5th DCA· 1989-01-12 ·cited 2×
  The court held that the failure to instruct the jury on attempted false imprisonment as a lesser included offense of attempted kidnapping constitutes reversible error.
• Benny Roundtree v. State
  536 So. 2d 1141· Fla. 2d DCA· 1988-12-28 ·cited 2×
  Benny Roundtree appealed his convictions for first-degree burglary and aggravated battery, challenging the victim injury scoring, double jeopardy claims, and sentencing. The court affirmed the convictions but vacated the sentences because the trial judge improperly departed from
• Quinidio Alvarez v. State
  535 So. 2d 341· Fla. 2d DCA· 1988-12-16 ·cited 2×
  Quinidio Alvarez was convicted of both possession and trafficking in cocaine. The Florida appellate court reversed his possession conviction under double jeopardy principles established in Carawan v. State, holding that a defendant cannot be convicted of both trafficking and poss
• Stellrecht v. State
  523 So. 2d 171· Fla. 1st DCA· 1988-03-25 ·cited 2×
• Anderson v. State
  526 So. 2d 106· Fla. 4th DCA· 1988-02-03 ·cited 2×
  Jackie Anderson was convicted of burglary after trial on an original information, but the trial court lacked jurisdiction because an amended information filed the day before had vitiated the original charging document. The court reverses and remands, holding that jurisdiction ove
• Wright v. State
  518 So. 2d 475· Fla. 4th DCA· 1988-01-20 ·cited 2×
• Brecheisen v. Eloy Mondragon
  833 F.2d 238· 10th Cir.· 1987-11-12 ·cited 2×
  The court held that a conviction for criminal sexual penetration (CSP) did not violate the Double Jeopardy Clause, the CSP statute was not unconstitutionally vague or overbroad, and there was sufficient evidence to support the conviction.
• Haynes v. Hoyt C. Cupp
  827 F.2d 435· 9th Cir.· 1987-09-02 ·cited 2×
  The court affirmed the denial of habeas corpus, finding no double jeopardy violation, breach of plea agreement, or prosecutorial misconduct.
• Carter v. Holt
  817 F.2d 699· 11th Cir.· 1987-05-22 ·cited 2×
  The court held that the petitioner's trial counsel's decision to waive a jury trial, even if based on a potentially erroneous assessment of evidentiary limitations, was a reasonable tactical choice and did not constitute constitutionally ineffective assistance of counsel.
• Milam v. State
  505 So. 2d 34· Fla. 5th DCA· 1987-04-09 ·cited 2×
  Donald Milam was convicted of attempted robbery after taking cheese from a self-service grocery store. The court reversed, holding that under Royal v. State, force must be contemporaneous with taking possession of property, and force used only during escape does not satisfy the r
• Scurry v. State
  506 So. 2d 4· Fla. 2d DCA· 1987-02-27 ·cited 2×
  Kenneth Scurry was convicted of first-degree felony murder and armed robbery for his role as an accomplice in a robbery where his co-perpetrator's gun accidentally discharged, killing a store clerk. The appellate court affirmed the conviction, holding that while second-degree mur
• Thomas v. State
  501 So. 2d 752· Fla. 5th DCA· 1987-02-05 ·cited 2×
  James Arthur Thomas was convicted of sexual battery. While the appellate court affirmed his conviction, it vacated his sentence because the trial judge improperly departed from Florida's sentencing guidelines by relying on reasons that were either inherent to the crime charged or
• United States v. Callanan
  810 F.2d 544· 6th Cir.· 1987-01-23 ·cited 2×
  The court held that the substantive RICO offense and the conspiracy offense were the same for Double Jeopardy purposes because the agreement to commit the substantive offense was the sole proof of the conspiracy. Therefore, separate punishments were impermissible.
• Lonberger v. R.C. Marshall
  808 F.2d 1169· 6th Cir.· 1987-01-06 ·cited 2×
  The court held that the petitioner's current habeas petition was successive and properly dismissed under Rule 9(b) because it raised the same grounds for relief as a prior petition, and the ends of justice did not require reconsideration.
• Sinclair LEE v. Probate Court OF Davidson Cnty.
  807 F.2d 512· 6th Cir.· 1986-12-23 ·cited 2×
  The court held that the state's prosecution of the petitioner for marijuana possession did not violate the double jeopardy clause, as the offenses of possessing marijuana and possessing paraphernalia were separate and distinct.
• Freedman v. State
  498 So. 2d 524· Fla. 1st DCA· 1986-11-17 ·cited 2×
  Barbara Freedman appeals her conviction and sentence for attempted first degree murder and aggravated battery of the same victim. The court reversed her aggravated battery conviction and sentence, holding that under State v. Boivin, multiple punishments cannot be imposed for both
• State v. Mars
  498 So. 2d 402· Fla.· 1986-10-30 ·cited 2×
  The Confrontation Clause is not violated by the admission of a nontestifying codefendant's confession when it is redacted to omit any reference to the defendant and the jury is given a proper limiting instruction, even if the confession becomes incriminating through other evidenc
• Woratzeck v. Ricketts
  808 F.2d 1322· 9th Cir.· 1986-09-16 ·cited 2×
• United States v. Binker
  799 F.2d 695· 11th Cir.· 1986-09-15 ·cited 2×
  The court held that the prosecution of RICO charges was not barred by double jeopardy, as the prior conspiracy convictions were not lesser-included offenses and the government exercised due diligence in bringing separate prosecutions.
• Sandora Walker v. State
  493 So. 2d 77· Fla. 4th DCA· 1986-08-27 ·cited 2×
• Bowen v. State
  491 So. 2d 331· Fla. 4th DCA· 1986-07-16 ·cited 2×
• Gray v. State
  489 So. 2d 86· Fla. 5th DCA· 1986-04-24 ·cited 2×
  Eddie Lee Gray was convicted of resisting arrest without violence after refusing to be taken into custody by officers attempting to arrest him on a contempt of court order issued by a court commissioner. The appellate court reversed, holding that court commissioners lack authorit
• United States v. Cuny
  784 F.2d 853· 8th Cir.· 1986-02-21 ·cited 2×
  The court held that the evidence was sufficient to support the conviction, the district court did not abuse its discretion regarding testimony, and there was no plain error in failing to instruct on lesser included offenses.
• Lennon Williford v. Young
  779 F.2d 405· 7th Cir.· 1985-12-18 ·cited 2×
  The court held that the district court correctly denied the habeas corpus petition because the state trial court's failure to instruct on a lesser included offense, the alleged ineffective assistance of counsel, and the jury instructions on intoxication did not violate due proces
• Michutka v. State
  478 So. 2d 868· Fla. 1st DCA· 1985-11-20 ·cited 2×
  Appellant Michutka appealed his jury convictions for defrauding an innkeeper and grand larceny by credit card use, arguing that both counts arose from the same circumstances and violated double jeopardy protections. The court affirmed, holding that the two offenses contain distin
• Lodson v. State
  478 So. 2d 477· Fla. 2d DCA· 1985-11-13 ·cited 2×
  A change in law must be announced or adopted by the United States Supreme Court or the Supreme Court of Florida to be a basis for postconviction relief.
• Erineo Acensio v. State
  477 So. 2d 38· Fla. 2d DCA· 1985-10-18 ·cited 2×
  Erineo Acensio appeals his conviction for aggravated battery with a firearm, raising two issues: the denial of his motion to suppress his confession and the trial court's refusal to instruct the jury on the lesser included offense of battery. The appellate court affirmed the conv
• Diamond v. Wyrick
  757 F.2d 192· 8th Cir.· 1985-03-13 ·cited 2×
  The court held that the petitioners failed to exhaust their state remedies for their habeas corpus claims, requiring dismissal of their petitions.
• Williams v. State
  464 So. 2d 624· Fla. 2d DCA· 1985-02-27 ·cited 2×
  Johnnie Lee Williams appealed his conviction for possession of a controlled substance and possession with intent to sell cocaine. The court held that simple possession and possession with intent to sell are not separate offenses because all elements of simple possession are conta
• Smith v. State
  461 So. 2d 1024· Fla. 4th DCA· 1985-01-04 ·cited 2×
• Reynolds v. State
  460 So. 2d 447· Fla. 1st DCA· 1984-11-28 ·cited 2×
  A defendant may be convicted and sentenced for both manslaughter by intoxication and manslaughter when a single death occurs.
• Osborne Fredrick Hall v. State
  460 So. 2d 428· Fla. 1st DCA· 1984-11-15 ·cited 2×
  The court held that the trial court did not err in denying the motion to suppress wiretap evidence obtained without a warrant for pen registers, nor in refusing to instruct the jury on lesser included offenses.
• Davidson v. State
  458 So. 2d 880· Fla. 5th DCA· 1984-11-15 ·cited 2×
  Robert Davidson was charged with shooting into a building and using a firearm while committing a felony. He was acquitted on the first count but convicted on the second. The court reversed his conviction, holding that the verdicts were legally inconsistent because the jury's acqu
• United States v. Lovato
  740 F.2d 764· 9th Cir.· 1984-08-16 ·cited 2×
  The court held that while a jury instruction was technically flawed, it was not prejudicial in this specific case, and thus the conviction is affirmed.
• Shephard v. State
  455 So. 2d 479· Fla. 5th DCA· 1984-08-09 ·cited 2×
  Shephard was charged with battery on a law enforcement officer but convicted of assault, a lesser included offense that was not alleged. The court affirmed the conviction because Shephard failed to timely object to the assault instruction before the jury retired, as required by F
• Green v. State
  453 So. 2d 526· Fla. 5th DCA· 1984-08-02 ·cited 2×
  Josh Green was charged with first degree murder for shooting a woman. The trial court refused to instruct the jury on third degree felony murder as a lesser included offense. The appellate court affirmed the conviction of second degree murder, holding that third degree felony mur
• State v. Bertie Eugene Degarmo
  454 So. 2d 600· Fla. 5th DCA· 1984-06-28 ·cited 2×
  The State appeals the dismissal of a kidnapping indictment against DeGarmo, who had previously pled guilty to aggravated assault in juvenile court for the same incident. The appellate court holds that aggravated assault is not a lesser included offense of kidnapping under the Blo
• Major Vance v. State
  452 So. 2d 994· Fla. 3d DCA· 1984-06-19 ·cited 2×
  Major Vance was convicted of two counts of improper exhibition of a dangerous weapon (a lesser-included offense) instead of aggravated assault. On appeal, he challenged the dual convictions as improper under Section 790.10, Florida Statutes, arguing that exhibiting a firearm once
• Andrews v. State
  448 So. 2d 551· Fla. 4th DCA· 1984-03-28 ·cited 2×
  Spencer Andrews appealed his conviction for attempted manslaughter and six-year commitment to the Department of Corrections under the Youthful Offender Act. The court affirmed the conviction and the overall sentence but remanded for modification to remove an inappropriate probati
• Stephens v. State
  444 So. 2d 498· Fla. 2d DCA· 1984-01-13 ·cited 2×
  Stephens was convicted of temporary unauthorized use of a motor vehicle (joyriding), a statute that was impliedly repealed by the omnibus theft statute. The court reversed his conviction and remanded for retrial, holding that while he cannot be convicted of a nonexistent crime, h
• Herbert v. State
  439 So. 2d 971· Fla. 1st DCA· 1983-10-25 ·cited 2×
  Johnny Herbert appeals his conviction for burglary of a structure, arguing the trial court erred in instructing the jury on burglary of a dwelling when the information charged only burglary of a structure. The Florida First District Court of Appeal affirms the conviction, holding
• United States v. Guyon
  717 F.2d 1536· 6th Cir.· 1983-09-26 ·cited 2×
  The court held that the trial court's failure to instruct the jury on a lesser-included offense was error, and this error was not harmless beyond a reasonable doubt.
• Owens v. State
  437 So. 2d 796· Fla. 2d DCA· 1983-09-16 ·cited 2×
  Johnny Ray Owens was convicted of robbery with a firearm and possession of a firearm by a convicted felon. The Florida appellate court reversed and remanded because the trial judge erroneously refused to instruct the jury on the lesser included offense of aggravated assault, desp
• O'Guin v. Foltz
  715 F.2d 397· 6th Cir.· 1983-09-01 ·cited 2×
  The court held that the petitioner's claims lacked merit and affirmed the denial of habeas corpus relief.
• Gaither v. State
  436 So. 2d 289· Fla. 2d DCA· 1983-07-29 ·cited 2×
• McKINSTRY v. State
  437 So. 2d 165· Fla. 2d DCA· 1983-07-22 ·cited 2×
  The trial court erred by summarily denying a motion for post-conviction relief without conducting an evidentiary hearing or attaching record portions that conclusively refuted the allegations.
• Thomas v. State
  434 So. 2d 12· Fla. 1st DCA· 1983-06-23 ·cited 2×
  James Thomas appealed his manslaughter conviction, arguing the trial court erred in refusing to instruct the jury on the lesser misdemeanor offense of culpable negligence. The Florida District Court of Appeal affirmed, holding that where the victim's death is an incontrovertible
• Scott v. State
  431 So. 2d 733· Fla. 4th DCA· 1983-05-25 ·cited 2×
  The court held that aggravated child abuse was a lesser included offense of manslaughter in this case, and the defendant could only be sentenced for manslaughter. The court also found the defendant should receive credit for time served.
• Davenport v. State
  429 So. 2d 1352· Fla. 2d DCA· 1983-04-20 ·cited 2×
  Lonnie Davenport was convicted of attempted sexual battery after a trial court refused to instruct the jury on the lesser-included offense of battery. The Florida Second District Court of Appeal reversed, holding that battery is a proper lesser-included offense of sexual battery