Lesser Included Offense

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

• Seay v. State
  550 So. 2d 34· Fla. 2d DCA· 1989-08-16 ·cited 1×
• Curry v. State
  510 So. 2d 317· Fla. 4th DCA· 1987-03-18 ·cited 1×
  The court held that a defendant is entitled to an instruction on a necessarily lesser included offense upon request, even if there is a lack of evidence for that offense, and that court costs cannot be imposed without notice and a hearing on indigency.
• Giddings v. State
  442 So. 2d 336· Fla. 5th DCA· 1983-12-08 ·cited 1×
• Wallace v. Turner
  525 F. Supp. 1072· S.D. Fla.· 1981-10-30 ·cited 1×
  The court held that a conviction must conform to the offense for which a plea was proffered, and a parole commission cannot consider a conviction for an offense different from the one pleaded to, as this violates due process.
• Rushton v. State
  395 So. 2d 610· Fla. 5th DCA· 1981-03-25 ·cited 1×
  The court held that the trial court did not err in refusing to include the phrase 'willful, wanton' in its jury instruction for vehicular homicide, as the statutory language was sufficient and the requested addition would not alter the required proof.
• Fountain v. State
  353 So. 2d 608· Fla. 4th DCA· 1977-12-20 ·cited 1×
  The court held that the failure to instruct the jury on lesser-included offenses of aggravated assault and assault was reversible error, even if the defendant was charged as a principal.
• In the Interest of T. L. T.
  324 So. 2d 200· Fla. 4th DCA· 1975-12-05 ·cited 1×
  The court reversed a juvenile adjudication for false imprisonment and kidnapping under Fla. Stat. § 805.01 because the evidence was insufficient to support the charge, as demonstrated by the trial court's own finding that only assault—a lesser included offense—was proven.
• Copeland v. State
  313 So. 2d 54· Fla. 4th DCA· 1975-05-23 ·cited 1×
  The court held that a defendant cannot be sentenced for both shooting a firearm in an occupied building and possessing a firearm by a convicted felon when both offenses arise from the same transaction, as the latter is a lesser included offense of the former.
• Whitten v. State
  296 So. 2d 63· Fla. 1st DCA· 1974-06-25 ·cited 1×
• Robitaille v. State
  266 So. 2d 675· Fla. 1st DCA· 1972-09-26 ·cited 1×
• State v. Lamons
  251 So. 2d 907· Fla. 2d DCA· 1971-07-21 ·cited 1×
  Double jeopardy does not bar prosecution for resisting arrest when defendants were previously convicted of open profanity, as these are separate offenses with different elements.
• Fernandez v. State
  255 So. 2d 567· Fla. 2d DCA· 1971-06-09 ·cited 1×
  Fernandez was convicted of felony lottery violations under Florida Statute § 849.09(1)(d) for aiding in conducting a lottery game. He appealed arguing the trial court erred by refusing to instruct the jury on a lesser-included misdemeanor offense under § 849.09(1)(g) (selling lot
• Donnie James v. State
  243 So. 2d 187· Fla. 2d DCA· 1971-01-20 ·cited 1×
• United States v. Contreras
  422 F.2d 828· 9th Cir.· 1970-02-26 ·cited 1×
  The evidence was sufficient to support the conviction for assault with intent to commit rape, even if intoxication rendered the defendant incapable of completing the rape.
• DeLAINE v. State
  230 So. 2d 168· Fla. 2d DCA· 1970-01-09 ·cited 1×
  Six defendants convicted of rape appealed their convictions on eight grounds, including challenges to evidentiary rulings, jury selection, prosecutorial conduct, and jury instructions. The Florida District Court of Appeal affirmed all convictions, finding no reversible error on a
• Bradney v. State
  185 So. 2d 726· Fla. 3d DCA· 1966-05-03 ·cited 1×
  The appellate court affirmed a robbery conviction, holding that the trial court did not err in refusing to instruct the jury on the lesser included offense of aggravated assault because the charging information did not allege the use of a deadly weapon.
• Evin A. Figueroa Hernandez v. State
  Fla. 3d DCA· 2026-07-22
  The trial court did not abuse its discretion in admitting DNA evidence where the analyst testified to standard procedures, peer review, and general acceptance in the scientific community, and the multiple counts did not violate double jeopardy because each count charged a distinc
• Mathis v. State
  Fla. 4th DCA· 2026-04-08
  The evidence was legally sufficient to sustain the conviction for second-degree murder under a principals theory, and the trial court did not abuse its discretion in instructing the jury on principals liability where the defendant's own defense theory placed another person at the
• Jordy Yanes-Martel v. State
  Fla. 3d DCA· 2026-03-25
  The Third District Court of Appeal reversed a conviction for battery and trespass, holding that the trial court improperly suppressed cross-examination testimony about the alleged victim's drug and alcohol use. The court found this evidence relevant for impeachment and not harmle
• State v. Franco
  Fla. 1st DCA· 2026-03-11
  The State of Florida appealed a trial court's post-verdict judgment of acquittal entered for Luis Antonio Perez Franco (the son), who was convicted by jury of attempted aggravated battery with firearm enhancements. The appellate court reversed, holding that sufficient evidence su
• Darby v. State
  Fla. 4th DCA· 2026-03-04
  Billy Joe Darby appeals his conviction for attempted manslaughter, challenging the trial court's denial of a jury instruction on misdemeanor battery and the court's overruling of his objection to the prosecutor's closing argument implying he had a duty to retreat. The appellate c
• Best v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2026-01-12
  The court held that the petitioner's claims were procedurally defaulted and barred from federal habeas review because he failed to properly exhaust state remedies by presenting the federal nature of his claims to the state courts.
• Masterson v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2025-12-02
  The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to, nor an unreasonable application of, clearly established federal law, nor based on an unreasonable determination of the facts.
• Travon Wilds v. State
  Fla. 3d DCA· 2025-11-12
  Prosecutorial comments during closing argument do not constitute fundamental error where the evidence of guilt was compelling and the comments did not affect the jury's verdict.
• King v. State
  Fla. 4th DCA· 2025-10-29
  The trial court erred by adjudicating King guilty and sentencing him under the wrong statute for a first-degree misdemeanor conviction, and by imposing probation supervision costs exceeding the statutory maximum without an evidentiary hearing. The conviction on the motion for jud
• Aramis Gonzalez-Azcuy v. State
  Fla. 3d DCA· 2025-09-24
  Appellate counsel is not ineffective for failing to raise a meritless claim on appeal, and the verdict form at issue presented no fundamental error because the record revealed no possibility of juror confusion regarding the conviction.
• Robinson v. State
  Fla. 1st DCA· 2025-09-10
  A trial court's summary denial of a Rule 3.850 motion for ineffective assistance of counsel must be reversed when the record does not conclusively refute the defendant's claim that counsel was ineffective in consenting to jury instructions on uncharged lesser-included offenses.
• Atmore v. State
  Fla. 2d DCA· 2025-08-13
  The trial court erred in denying the defendant's request for a jury instruction on resisting a merchant as a lesser included offense of robbery, but the error was harmless beyond a reasonable doubt because the jury was instructed on and rejected all immediate lesser included offe
• Mellard v. Fla. Dep't of Corr.
  S.D. Fla.· 2025-08-05
  The court recommended denying the Petition for Writ of Habeas Corpus, finding no constitutional error in the state court proceedings.
• Davonte Barnes v. State
  Fla. 3d DCA· 2025-06-25
  The trial court did not abuse its discretion in admitting the rap video "Mr. Pull Up" because it was probative of the defendant's knowledge of the violent nature of the conspiracy and contradicted his trial defense, and the court properly refused the Independent Act jury instruct
• Penton v. Sec'y, Dep't of Corrections(Pasco County)
  M.D. Fla.· 2025-06-16
  Gary Penton, a Florida inmate convicted of armed robbery, petitioned for federal habeas corpus relief claiming six instances of ineffective assistance of trial counsel and alleging due process violations. The District Court denied his petition, finding that most ineffective assis
• Laney v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2025-05-30
  The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was reasonable and not contrary to federal law.
• v. I.D. No. 2403005415 Christian Church
  Del. Super. Ct.· 2025-05-15
  The court held that the state presented sufficient evidence of intent to support the conviction for assault in the first degree of Kaden Handte. However, the court found insufficient evidence of causation to support the conviction for assault in the second degree of Amarion Nutte
• Acosta-Cortina v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2025-05-13
  The court held that the applicant's claims were meritless and did not warrant federal habeas corpus relief.
• Arnold v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2025-03-28
  The court denied the petition for writ of habeas corpus, finding no basis for relief under AEDPA standards.
• Fundora-Martinez v. Sec'y Dep't of Corr. (Duval County)
  M.D. Fla.· 2025-02-26
  Reinier Fundora-Martinez, an inmate convicted in Duval County state court of motor vehicle fraud and organized fraud offenses, sought federal habeas relief under 28 U.S.C. § 2254, raising five grounds including claims of deficient performance by his trial counsel regarding failur
• United States v. Williamson
  11th Cir.· 2025-02-13
  Four drug trafficking defendants—Rolando Williamson, Ishmywel Gregory, Adrien Taylor, and Hendarius Archie—appealed their convictions for drug distribution conspiracy and related offenses in a case involving extensive law enforcement investigations in Birmingham, Alabama. The Ele
• J. M. v. State
  Fla. 2d DCA· 2025-01-31
  J.M. was charged with attempted armed robbery but convicted of aggravated assault, a lesser included offense. The appellate court reversed the conviction, holding that the delinquency petition failed to allege an essential element of aggravated assault—specifically, that J.M. use
• Aquino-Martinez v. Dir., Neb. Serv. Ctr., U.S. Citizenship & Immigr. Servs.
  M.D. Fla.· 2025-01-23
  The Court held that the agency's denial of the U-visa petition was arbitrary and capricious because it failed to reasonably explain why robbery was not substantially similar to felonious assault, a qualifying crime for U-visa status.
• Haas v. Sec'y, Fla. Dep't of Corr.
  S.D. Fla.· 2024-11-26
  Joseph Haas, convicted of arson and attempted manslaughter arising from a fire at his house, sought federal habeas relief on grounds including double jeopardy, due process, and ineffective assistance of counsel. The court denied all claims but issued a certificate of appealabilit
• State v. Neri Banda
  Fla. 6th DCA· 2024-11-15
  Convictions for soliciting a person believed to be a child to commit an illegal act and transmitting material harmful to a minor do not violate double jeopardy protections when the offenses contain different statutory elements and do not fall within the statutory exceptions to se
• Lai v. State
  Fla. 6th DCA· 2024-11-15
  A verdict is truly inconsistent and constitutes fundamental error when a jury convicts a defendant of a charged offense while making a special verdict finding that directly negates a necessary element of that offense, resulting in conviction on an uncharged theory. Such error may
• Beer v. State
  Fla. 4th DCA· 2024-10-30
  A facially sufficient ineffective assistance claim based on counsel's failure to call witnesses cannot be summarily denied based on conflicting record evidence; rather, the record must conclusively rebut the claim. Beer's claims regarding counsel's failure to investigate asthma w
• Mills v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-09-09
  Henry Coldridge Mills, a Florida inmate serving a twenty-year sentence for attempted second-degree murder and firearms offenses, filed a federal habeas petition challenging his state conviction on six grounds, including claims of ineffective assistance of counsel, evidentiary err
• Henry v. Sec'y, Fla. Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-08-19
  Keith Patrick Henry, an inmate serving a twenty-year sentence for attempt to possess cocaine and conspiracy to traffic in controlled substances, petitioned for federal habeas corpus relief under 28 U.S.C. § 2254, raising eleven grounds of ineffective assistance of counsel and rel
• Cooper v. State
  Fla. 1st DCA· 2024-08-07
  Trial counsel rendered ineffective assistance by failing to object to inadmissible hearsay testimony regarding the amount of damages, which was the State's only evidence of an essential element of the burglary charge. The deficient performance was prejudicial because there was a
• Thomas v. Sec'y, Dep't of Corr. (Pinellas County)
  M.D. Fla.· 2024-07-23
  The court held that the petitioner failed to show that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Coz v. Sec'y, Dep't of Corrections(Manatee County)
  M.D. Fla.· 2024-07-17
  Edbin Heli Coz, sentenced to life imprisonment for sexual battery, lewd or lascivious molestation, and aggravated child abuse of three minor children in his household, sought federal habeas relief arguing trial and appellate counsel provided ineffective assistance and that his co
• Smith v. State
  Fla. 1st DCA· 2024-07-17
  A defendant cannot be convicted of both burglary with assault or battery and simple battery for the same conduct when all elements of simple battery are subsumed within the greater offense.
• Sutton v. State of Del.
  Del.· 2024-06-20
  The Delaware Supreme Court affirmed the Superior Court's judgment, finding that the appellant's counsel made a conscientious review of the record and that the appeal was wholly without merit. The court found no arguable issues regarding self-defense instructions, inconsistent pol