Lesser Included Offense

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

• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2017-10.
  253 So. 3d 1040· Fla.· 2018-09-27 ·cited 1×
  The Florida Supreme Court authorized amendments to standard criminal jury instructions relating to weapons and firearm offenses, including modifications to instructions on concealed weapons, improper exhibition of weapons, and trespass on school property, and a new instruction on
• Jackson v. State
  250 So. 3d 844· Fla. 3d DCA· 2018-07-11 ·cited 1×
  A prosecutor's comments about a victim's mental and physical condition do not constitute a prohibited "golden rule" argument when the comments are based on trial evidence, relevant to issues in dispute, made in fair reply to defense arguments, and not intended to inflame the jury
• Lyndell J. Cooks v. State
  249 So. 3d 774· Fla. 1st DCA· 2018-06-28 ·cited 1×
  A conviction for scheme to defraud under Florida Statutes section 817.034(4)(a) requires proof of fraudulent misrepresentation or intent to defraud beyond mere theft; repeated shoplifting without any false representation does not constitute a scheme to defraud.
• Kania v. State
  243 So. 3d 1032· Fla. 2d DCA· 2018-04-11 ·cited 1×
  When unlawful use of a two-way communications device is subsumed within traveling to meet a minor and both offenses are charged as occurring during the same time period, convicting on both violates double jeopardy and the communications device conviction must be vacated.
• Dettle v. State
  226 So. 3d 285· Fla. 1st DCA· 2017-05-25 ·cited 1×
• Weaver v. State
  219 So. 3d 229· Fla. 3d DCA· 2017-05-17 ·cited 1×
  Jerry Weaver was convicted of aggravated child abuse by malicious punishment for acts committed against his daughter in a single criminal episode. The trial court vacated convictions on two of three counts on double jeopardy grounds, and the appellate court affirmed both Weaver's
• Mercer v. State
  219 So. 3d 936· Fla. 1st DCA· 2017-05-16 ·cited 1×
  Chad Mercer was convicted of manslaughter and aggravated battery for the death of Jackie McClendon during a group altercation. The court affirmed the convictions, holding that the dual convictions do not violate double jeopardy because they were based on distinct acts—Green's pun
• Munoz v. State
  212 So. 3d 1146· Fla. 5th DCA· 2017-03-17 ·cited 1×
  Alex Munoz appealed his convictions for aggravated battery with a deadly weapon and simple battery. The court reversed the simple battery conviction as a violation of double jeopardy, vacated the aggravated battery sentence due to the trial court's apparent misapplication of sent
• Gammage v. State
  210 So. 3d 97· Fla. 2d DCA· 2016-09-02 ·cited 1×
• Vernord Lavon Bright v. State
  191 So. 3d 497· Fla. 1st DCA· 2016-04-12 ·cited 1×
  Appellant Vernord Lavon Bright challenges his convictions for two counts of sexual battery with a deadly weapon. The appellate court reverses the conviction on Count I, finding legally insufficient evidence that a deadly weapon was used or threatened during the first sexual batte
• Pharisien v. State
  176 So. 3d 1284· Fla. 2d DCA· 2015-10-30 ·cited 1×
• Lucas v. State
  175 So. 3d 939· Fla. 5th DCA· 2015-10-09 ·cited 1×
• K.B. v. State
  170 So. 3d 121· Fla. 2d DCA· 2015-07-01 ·cited 1×
  K.B. appeals a withheld adjudication for burglary of a storage unit, arguing the State failed to prove his involvement as a principal. The court reversed the burglary conviction, finding mere presence at the scene insufficient for principal liability, but remanded for reduction t
• Coleman v. State
  157 So. 3d 368· Fla. 2d DCA· 2015-01-30 ·cited 1×
  Joseph Coleman was convicted of attempted second-degree murder and kidnapping following a jury trial. On appeal, this court reverses his attempted second-degree murder conviction, finding that the trial court's instruction on the lesser-included offense of attempted manslaughter
• Rodrick Newton Allen v. State
  146 So. 3d 1262· Fla. 5th DCA· 2014-09-12 ·cited 1×
• Dupree v. State
  137 So. 3d 444· Fla. 4th DCA· 2014-03-12 ·cited 1×
  Sean Dupree appeals his jury convictions for false imprisonment, battery, and aggravated assault, challenging the special interrogatory verdict form regarding firearm possession and the trial court's restitution order entered after notice of appeal. The Fourth District affirms th
• Sanders v. State
  135 So. 3d 413· Fla. 2d DCA· 2014-02-12 ·cited 1×
  Kevin Sanders petitioned for post-conviction relief, claiming his appellate attorney failed to challenge the jury instruction for attempted manslaughter as fundamental error. The Florida appellate court granted relief on the attempted second-degree murder conviction based on esta
• Reno v. State
  121 So. 3d 1174· Fla. 1st DCA· 2013-09-23 ·cited 1×
  The court reversed Appellant's conviction for attempted second-degree murder due to insufficient evidence of the depraved mind element and remanded for entry of judgment on the lesser-included offense of improper exhibition of a firearm.
• Junior J. Batista v. State
  104 So. 3d 1217· Fla. 5th DCA· 2012-12-14 ·cited 1×
  Appellant's dual convictions for lewd or lascivious molestation and conduct arising from a single act violated double jeopardy; the conviction for the lesser offense was reversed and vacated.
• Woodall v. State
  94 So. 3d 666· Fla. 5th DCA· 2012-08-10 ·cited 1×
  Robert Woodall appeals the denial of his Rule 3.850 motion for postconviction relief, challenging his convictions on eight grounds. The appellate court finds merit in two claims regarding ineffective assistance of counsel and reverses in part, vacating his convictions on Counts I
• Pacu Rivera-Rivera v. State
  65 So. 3d 1160· Fla. 5th DCA· 2011-07-22 ·cited 1×
• Crum v. State
  56 So. 3d 102· Fla. 4th DCA· 2011-03-09 ·cited 1×
• Gustav Peter Finkel v. State
  52 So. 3d 828· Fla. 4th DCA· 2011-01-26 ·cited 1×
  Court reversed judgment reflecting grand theft conviction where jury found only petit theft, and remanded for correction of judgment and resentencing to comply with statutory maximum for misdemeanor.
• Rodriguez Arnold v. State
  37 So. 3d 963· Fla. 1st DCA· 2010-06-21 ·cited 1×
  Rodriguez Arnold appealed his convictions for attempted second-degree murder with a firearm, shooting into an occupied vehicle, and possession of a firearm by a convicted felon, challenging the trial court's jury instructions on justifiable and excusable homicide and the denial o
• Knowles v. State
  29 So. 3d 466· Fla. 4th DCA· 2010-03-24 ·cited 1×
  Jerome Knowles appealed his first-degree vehicular homicide conviction, challenging the trial court's denial of his motion for judgment of acquittal on the enhanced charge of failing to stop and render aid. The court affirmed, holding that the state presented evidence inconsisten
• King v. State
  12 So. 3d 1271· Fla. 5th DCA· 2009-07-10 ·cited 1×
  Jeffrey Michael King was convicted of aggravated assault and animal cruelty following an altercation at a home. The Florida appellate court affirmed the aggravated assault conviction but reversed the animal cruelty conviction, finding King was entitled to a jury instruction on se
• Damien Orlando Rodgers v. State
  966 So. 2d 462· Fla. 1st DCA· 2007-10-10 ·cited 1×
  Damien Rodgers was convicted of burglary and aggravated battery. The trial court affirmed the burglary conviction but reversed the aggravated battery conviction, finding that the trial judge committed fundamental error by sua sponte amending a defective charging document and conv
• Sainfrene Saintelus v. State
  935 So. 2d 51· Fla. 4th DCA· 2006-07-26 ·cited 1×
  The court held that trial counsel was not ineffective for failing to object to jury instructions on burglary that included the phrase 'remaining in' when the defense presented evidence of consent.
• Bailey v. State
  911 So. 2d 1293· Fla. 2d DCA· 2005-10-12 ·cited 1×
  The court held that the trial court erred in summarily denying ground four of the motion without addressing the specific issue raised, but affirmed the denial of ground seven as facially insufficient.
• Elpido A. Ayala v. State
  879 So. 2d 1· Fla. 2d DCA· 2004-04-30 ·cited 1×
  Ayala petitioned for relief based on ineffective assistance of appellate counsel, claiming his appellate counsel should have challenged jury instructions that allegedly merged voluntary and involuntary manslaughter instructions. The court denied the petition, finding that under R
• State v. Daniels
  826 So. 2d 1045· Fla. 5th DCA· 2002-08-23 ·cited 1×
  A trial court cannot grant post-conviction relief on grounds not raised by the defendant, and counsel is not required to obtain express consent for tactical decisions regarding lesser included offense instructions.
• Gorsuch v. State
  797 So. 2d 649· Fla. 3d DCA· 2001-10-24 ·cited 1×
  George Franklin Gorsuch was convicted of fleeing or attempting to elude a police officer at high speed under Florida Statute 316.1935(3), a felony of the second degree. The Third District Court of Appeal reversed his conviction and remanded with instructions to reduce it to a vio
• Campana v. State
  765 So. 2d 58· Fla. 4th DCA· 2000-02-09 ·cited 1×
  The court affirmed the conviction for trafficking in cocaine, holding that the trial court properly denied a lesser-included offense instruction because the evidence proved a completed offense rather than mere attempt.
• Wilson v. State
  749 So. 2d 516· Fla. 5th DCA· 1999-12-03 ·cited 1×
  Freddie Wilson appeals his conviction for DUI manslaughter and related offenses, challenging the trial court's refusal to instruct the jury on vehicular homicide as a lesser included offense and arguing his reckless driving sentence exceeded the statutory maximum. The court affir
• Newland v. State
  739 So. 2d 168· Fla. 5th DCA· 1999-08-20 ·cited 1×
• Bolds v. State
  723 So. 2d 900· Fla. 2d DCA· 1999-01-06 ·cited 1×
  The court held that convicting and sentencing a defendant twice for the same offense violates double jeopardy protections.
• Miky Abigail Decastro v. State
  708 So. 2d 635· Fla. 5th DCA· 1998-03-20 ·cited 1×
• J.C. Black v. State
  695 So. 2d 459· Fla. 1st DCA· 1997-06-09 ·cited 1×
  The court held that the trial court's failure to define excusable homicide in its jury instructions for manslaughter constituted fundamental error, requiring reversal.
• State v. Triston Ellis
  685 So. 2d 1289· Fla.· 1996-12-19 ·cited 1×
  When a conviction for attempted felony murder is vacated, lesser-included offenses remain viable for a new trial or reduction of the offense.
• State v. Brown
  678 So. 2d 849· Fla. 3d DCA· 1996-07-31 ·cited 1×
  Florida's highest court reviewed a trial court's order reinstating a jury verdict after a juror repudiated it before discharge. The court held that when a juror disavows the verdict while still in the jury box, no valid verdict has been reached, and the trial court must either de
• Solomon McCLUSTER v. State
  681 So. 2d 716· Fla. 2d DCA· 1996-03-29 ·cited 1×
  Solomon McCluster challenged his convictions following guilty pleas to two trafficking counts and one possession count. The Florida appellate court reversed in part, finding that the simple possession charge and one trafficking charge were based on the same contraband, violating
• Murray v. The Honorable Michael B. Chavies
  671 So. 2d 183· Fla. 3d DCA· 1996-03-06 ·cited 1×
  The court held that a jury's acquittal on a charged offense, even with a subsequent mistrial on a lesser included offense, bars retrial on the greater offense due to double jeopardy.
• Crider v. State
  632 So. 2d 1058· Fla. 5th DCA· 1994-02-04 ·cited 1×
  Albert Crider was charged with aggravated assault on a law enforcement officer after being shot by a SWAT team executing a search warrant at his home. The appellate court reversed his conviction for the lesser included offense of aggravated assault, holding that the trial court e
• Robinson Crump v. State
  629 So. 2d 231· Fla. 5th DCA· 1993-12-10 ·cited 1×
  Robinson Crump appeals his conviction for attempted robbery with a firearm, arguing the trial judge erred by not initially defining 'deadly weapon' and 'weapon' in jury instructions, that insufficient evidence proved he possessed a firearm, and that his sentence was improperly en
• Pruett v. Thompson
  996 F.2d 1560· 4th Cir.· 1993-05-25 ·cited 1×
  The court affirmed the denial of the habeas corpus petition, finding that Pruett's claims were procedurally defaulted and did not meet the exceptions for cause and prejudice or actual innocence.
• United States v. Anthony Medina (91-1852)
  992 F.2d 573· 6th Cir.· 1993-04-12 ·cited 1×
  The dissenting judge believes the Double Jeopardy Clause bars prosecution for using a telephone to facilitate a drug transaction when the defendant was already prosecuted for the underlying drug possession.
• United States v. Windsor
  981 F.2d 943· 7th Cir.· 1992-12-09 ·cited 1×
  The court held that the trial court did not commit plain error by failing to instruct the jury on a lesser included offense, nor was there ineffective assistance of counsel or an abuse of discretion in denying a continuance.
• S.M.R. v. State
  596 So. 2d 676· Fla. 2d DCA· 1991-11-27 ·cited 1×
• Pickett v. State
  573 So. 2d 177· Fla. 2d DCA· 1991-01-18 ·cited 1×
• State v. Williams
  565 So. 2d 881· Fla. 1st DCA· 1990-08-16 ·cited 1×
  The court affirmed the dismissal of a first-degree felony murder charge based on double jeopardy protections, and reversed and remanded a sentencing order due to an excessive fine.