Lesser Included Offense

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

• Del Haskins v. State
  428 So. 2d 389· Fla. 1st DCA· 1983-03-24 ·cited 2×
  Haskins appeals his conviction for armed robbery, kidnapping, and aggravated assault arising from an armed drugstore robbery where he and an accomplice held employees and customers at gunpoint, stole drugs, and used them on premises while being videotaped. The court affirmed the
• Singletary v. State
  428 So. 2d 355· Fla. 3d DCA· 1983-03-22 ·cited 2×
• Brown v. State
  427 So. 2d 791· Fla. 3d DCA· 1983-03-08 ·cited 2×
  Appellant's convictions for armed robbery affirmed, but sentence for firearm possession during robbery reversed as multiple sentencing for the same conduct violates Florida law.
• Strasser v. State
  420 So. 2d 611· Fla. 4th DCA· 1982-09-08 ·cited 2×
  The court ordered a new trial because the prosecutor elicited testimony that the defendant exercised his right to remain silent, which was an issue not previously addressed by the lower court.
• United States v. Muniz
  684 F.2d 634· 9th Cir.· 1982-08-17 ·cited 2×
  The court held that the trial court did not err in refusing to instruct the jury on a lesser included offense, and that any error in questioning the defendant about his post-arrest silence was harmless.
• Oliveria v. State
  417 So. 2d 1004· Fla. 4th DCA· 1982-06-09 ·cited 2×
  Defendant's first-degree burglary conviction was reversed because the information failed to state the elements of assault as an alleged aggravating element, but the evidence supported a second-degree burglary conviction to which he was remanded for resentencing.
• Wilkins v. State
  413 So. 2d 464· Fla. 4th DCA· 1982-05-05 ·cited 2×
  Wilkins appealed a probation violation finding based on firearm possession, arguing that double jeopardy principles barred prosecution for this violation after his acquittal on a murder charge arising from the same conduct. The court affirmed, holding that probation revocation pr
• Gilbert v. State
  410 So. 2d 609· Fla. 5th DCA· 1982-03-03 ·cited 2×
  The court held that separate convictions and sentences for robbery and aggravated battery are permissible when the evidence supports distinct offenses, even if a weapon is involved in both.
• Foster v. State
  409 So. 2d 1132· Fla. 4th DCA· 1982-02-10 ·cited 2×
  Appellant's convictions for possession of a firearm during felony (Counts VI and VII) were lesser included offenses of the underlying felonies, so the sentences were vacated while convictions were affirmed.
• State v. Von Dee Gragg
  409 So. 2d 1127· Fla. 4th DCA· 1982-02-10 ·cited 2×
  The State appealed a trial court's dismissal of a firearms possession charge based on collateral estoppel, arguing that the defendant's guilty verdict on lesser-included charges (battery and assault without a deadly weapon) did not necessarily establish he lacked a firearm. The F
• Smith v. State
  412 So. 2d 22· Fla. 2d DCA· 1982-02-10 ·cited 2×
• United States v. Stroman
  667 F.2d 416· 2d Cir.· 1981-12-18 ·cited 2×
  The court held that a conviction for unarmed bank robbery must merge into a conviction for armed bank robbery when both arise from a single act, and concurrent sentencing for such merged convictions is an error.
• Renaud v. State
  408 So. 2d 1059· Fla. 4th DCA· 1981-12-16 ·cited 2×
  William Renaud III was convicted of robbery with a weapon and sentenced as a habitual offender to life imprisonment. On appeal, he challenged the trial court's refusal to instruct the jury on penalties for lesser included offenses and the habitual offender sentencing, both of whi
• Douglas v. Long
  661 F.2d 747· 9th Cir.· 1981-11-16 ·cited 2×
  The concurring judge agrees with the majority's outcome because the issue is state procedure without federal constitutional implications or demonstrated prejudice.
• McGOUGH v. State
  407 So. 2d 622· Fla. 5th DCA· 1981-11-11 ·cited 2×
  The court held that a trial judge is not required to instruct the jury on the penalty for a lesser included offense, and failure to do so is harmless error.
• Hampton v. State
  403 So. 2d 1154· Fla. 1st DCA· 1981-10-01 ·cited 2×
  Hampton appealed the denial of his Rule 3.850 motion claiming ineffective assistance of counsel. The court affirmed the denial, finding that Hampton's first claim was conclusory and failed to meet the required pleading standard, while his second claim regarding failure to request
• Ferguson v. State
  404 So. 2d 179· Fla. 3d DCA· 1981-09-29 ·cited 2×
• Michaels v. Honorable Maynard Swanson
  403 So. 2d 1023· Fla. 2d DCA· 1981-08-05 ·cited 2×
  Petitioner seeks a writ of prohibition to prevent trial on aggravated battery charges after being convicted of manslaughter based on the same conduct. The court holds that aggravated battery is a lesser included offense of manslaughter and therefore prosecution on both charges wo
• Gov't OF the Virgin Islands v. Kitson Jarvis
  653 F.2d 762· 3d Cir.· 1981-06-30 ·cited 2×
  The court held that while the arrest and evidence for most charges were valid, the conviction for robbery on Count IV must be vacated because the evidence did not support the charge as pleaded, but could sustain a conviction for the lesser included offense of larceny.
• Kaufman v. State
  400 So. 2d 1273· Fla. 4th DCA· 1981-06-24 ·cited 2×
  Robert Kaufman was convicted of violating Florida securities laws by selling unregistered securities. On appeal, he challenged the sufficiency of the charging document, the constitutionality of the securities statutes, jury instructions, and references to collateral crimes. The a
• United States v. Johnson
  647 F.2d 815· 8th Cir.· 1981-04-30 ·cited 2×
  The court held that the district court did not err in denying a mistrial when extraneous, non-prejudicial material was played to the jury, nor in refusing to give all requested jury instructions on intent.
• Hill v. Georgia
  451 U.S. 923· U.S.· 1981-04-20 ·cited 2×
• Roberts v. State
  400 So. 2d 475· Fla. 5th DCA· 1981-04-15 ·cited 2×
• In the Interest of S. L. D.
  394 So. 2d 1072· Fla. 4th DCA· 1981-03-04 ·cited 2×
  Trial court erred in reversing its factual finding of petty larceny to impose a robbery adjudication to avoid statutory sentencing limitations; the crime cannot be molded to fit the sentence.
• Brown v. State
  394 So. 2d 1023· Fla. 4th DCA· 1981-01-28 ·cited 2×
  Trial court erred in refusing to instruct jury on lesser included offense of assault, requiring reversal and remand for new trial because jury was denied opportunity to invoke its inherent pardon power.
• United States v. GAN
  636 F.2d 28· 2d Cir.· 1980-12-09 ·cited 2×
  The court held that conviction under 18 U.S.C. § 112(a) for assaulting a foreign official does not require proof of intent to injure or actual injury.
• Stafford Lake v. State
  380 So. 2d 1120· Fla. 2d DCA· 1980-03-05 ·cited 2×
  The court held that the jury's conviction for a lesser included offense, even if not explicitly charged, was permissible if supported by the evidence and the jury's intent was clear.
• United States v. Bozo Kelava and Mile Kodzoman
  610 F.2d 479· 7th Cir.· 1979-12-11 ·cited 2×
  The defendants may be retried, but only for simple imprisonment, as armed imprisonment is not a lesser included offense of kidnapping and a prior trial on simple imprisonment bars subsequent prosecution for armed imprisonment.
• D.G.R. v. State
  376 So. 2d 460· Fla. 1st DCA· 1979-11-02 ·cited 2×
  The court held that the trial court erred in amending the petition to charge possession of marijuana after the state rested, as possession is not a lesser included offense of sale.
• Spikes v. State
  375 So. 2d 63· Fla. 2d DCA· 1979-09-26 ·cited 2×
  Leonard Paul Spikes was convicted of robbery with a firearm and use of a firearm in commission of a felony. The appellate court affirmed the convictions but remanded for resentencing because the use of firearm charge was a lesser included offense of the robbery charge and could n
• Hobbs v. State
  371 So. 2d 722· Fla. 1st DCA· 1979-06-13 ·cited 2×
  A defendant cannot be convicted of both a greater offense and its lesser included offense.
• Wright v. State
  376 So. 2d 236· Fla. 1st DCA· 1979-05-04 ·cited 2×
  William Peter Wright Jr. was convicted of first-degree murder, but on appeal that conviction was reversed due to improper expert testimony. On remand, Wright pleaded nolo contendere to manslaughter after the trial court denied his motion to dismiss the second-degree murder charge
• Hidalgo v. State
  364 So. 2d 817· Fla. 3d DCA· 1978-11-14 ·cited 2×
• Angelia Hudson v. State
  364 So. 2d 501· Fla. 4th DCA· 1978-11-01 ·cited 2×
  The court held that an erroneous jury instruction regarding possession of stolen property and the failure to instruct on petit larceny constituted reversible error for the grand larceny conviction.
• Elton Ray Bell v. State
  360 So. 2d 1324· Fla. 1st DCA· 1978-08-03 ·cited 2×
  Elton Ray Bell was convicted by jury of armed robbery and sentenced to life imprisonment. On appeal, the Florida District Court of Appeal affirmed the trial court's denial of his speedy trial motion but reversed on the ground that the trial court erroneously refused to instruct t
• Norman v. State
  360 So. 2d 1309· Fla. 4th DCA· 1978-08-02 ·cited 2×
• United States v. Wallette
  580 F.2d 335· 8th Cir.· 1978-07-26 ·cited 2×
  The court held that the trial court did not err in refusing to instruct the jury on involuntary manslaughter because the defendant's actions constituted a felony under North Dakota law. The admission of a post-arrest threat was harmless error.
• Turner v. State
  363 So. 2d 1· Fla. 4th DCA· 1978-06-28 ·cited 2×
  John Wayne Turner was convicted of attempted sexual battery involving force likely to cause serious personal injury. Turner appealed, arguing the trial court erred in refusing to instruct the jury on the lesser included offense of attempted sexual battery involving force not like
• Lawson v. State
  360 So. 2d 786· Fla. 2d DCA· 1978-06-16 ·cited 2×
  The appellate court reversed a conviction for one of three robbery charges due to the erroneous admission of testimony regarding collateral crimes, while affirming the other two convictions.
• Sanders v. State
  359 So. 2d 899· Fla. 3d DCA· 1978-06-06 ·cited 2×
  Jacob Daniel Sanders was convicted of manslaughter in the shooting death of his wife after being charged with second-degree murder. The appellate court affirmed the conviction, finding no reversible error in the trial court's admission of Sanders' statements to police or in the j
• Deal v. State
  359 So. 2d 43· Fla. 2d DCA· 1978-06-02 ·cited 2×
  The court held that the evidence was sufficient to support convictions for attempted first-degree murder and conspiracy to kidnap, and that the trial court did not err in failing to instruct on a lesser-included offense due to lack of proper request.
• Jackson v. State
  355 So. 2d 137· Fla. 3d DCA· 1978-01-31 ·cited 2×
  The court held that the trial court's refusal to instruct the jury on aggravated and simple assault, which were lesser included offenses supported by the information and evidence, constituted reversible error.
• United States v. Gibson
  559 F.2d 934· 4th Cir.· 1977-08-09 ·cited 2×
  The court held that imposing concurrent sentences for two distinct firearms offenses, each requiring proof of a separate element, does not violate double jeopardy.
• Dalton Williams v. State
  340 So. 2d 113· Fla.· 1976-11-30 ·cited 2×
  The Florida Supreme Court reversed a conviction for receiving stolen property (heifers) where the state failed to prove the value of the property stolen at trial. Because the jury never fixed the value, it was impossible to determine whether the offense constituted a felony or mi
• Lindsey v. State
  330 So. 2d 867· Fla. 1st DCA· 1976-04-28 ·cited 2×
  The court held that the statute defines a single offense of unlawful entry with intent to commit a misdemeanor, which can be committed in two ways (breaking and entering, or entering without breaking), and a conviction for either is valid.
• In the Interest of E. G. v. State
  326 So. 2d 445· Fla. 1st DCA· 1976-02-11 ·cited 2×
  A 17-year-old was charged with prostitution but the trial court acquitted her of that charge and convicted her of disorderly conduct instead, placing her on probation. The appellate court reversed, holding that disorderly conduct is not a lesser included offense to prostitution a
• Robinson v. State
  323 So. 2d 630· Fla. 1st DCA· 1975-12-02 ·cited 2×
  Appellant's conviction for robbery, aggravated assault, and firearm use was affirmed in part and reversed in part; the firearm charge was vacated as part of the same transaction as the robbery, but the robbery and assault convictions stood as separate crimes against different vic
• Dalton Williams v. State
  322 So. 2d 613· Fla. 4th DCA· 1975-11-14 ·cited 2×
• Ramos Cleare v. State
  321 So. 2d 122· Fla. 3d DCA· 1975-10-28 ·cited 2×
  The court held that the evidence was sufficient to establish grand larceny because the value of the stolen cigarettes exceeded the statutory threshold.
• McPHALL v. State
  320 So. 2d 867· Fla. 4th DCA· 1975-10-24 ·cited 2×
  McPhall and Crenshaw appealed their convictions for drug and firearm offenses. The court affirmed their convictions but vacated McPhall's concurrent sentence for carrying a concealed firearm as a redundant conviction based on the same conduct underlying his conviction for possess