Lesser Included Offense

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

• Melton v. State
  Fla. 1st DCA· 2024-06-12
  An alleged error regarding whether a structure was occupied in a burglary prosecution is an issue regarding the elements of the offense, not a sentencing error, and therefore cannot be raised via a Rule 3.800(b) motion.
• United States v. Diamond
  102 F.4th 1347· 11th Cir.· 2024-06-04
  The Eleventh Circuit affirmed the defendant's convictions for impersonating a federal officer, finding sufficient evidence that he "acted as such" and that the district court did not err in admitting prior bad acts evidence or in its jury instructions.
• Napier v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-05-21
  The Court held that the due process claim was procedurally barred and that the ineffective assistance of counsel claims were properly denied by the state court.
• Gallon v. Sherea Green
  Fla. 3d DCA· 2024-05-08
  A trial court does not abuse its discretion in denying pretrial bond following an Arthur hearing when the specific facts of the case, including evidence unique to the defendant, support the finding that proof of guilt is evident or the presumption of guilt is great, even if bond
• State v. Jones
  Fla. 4th DCA· 2024-05-01
  The Fourth District Court of Appeal affirmed the trial court's vacation of grand theft convictions for two defendants who were also convicted of Medicaid provider fraud based on the same conduct, holding that grand theft is a lesser-included offense of Medicaid provider fraud and
• Micole Atiya Jefferson v. State
  Fla. 4th DCA· 2024-04-03
  A trial court cannot impose equal concurrent sentences under both the PRR statute and HFO statute, and must correct a miscited statute in the judgment when a defendant is convicted of a lesser included offense.
• Goodson v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2024-03-28
  Michael D. Goodson, a Florida inmate, challenged his 2013 Duval County convictions for five counts of attempted second-degree murder and one count of shooting or throwing deadly missiles through a federal habeas petition under 28 U.S.C. § 2254. The Middle District of Florida deni
• Gunn v. Sec'y, Dep't of Corrections(Hillsborough County)
  M.D. Fla.· 2024-02-26
  The court held that the petitioner's claims were procedurally barred or failed on the merits.
• Harris v. State
  Fla. 5th DCA· 2024-02-23
• Alana Koerber v. State
  Fla. 4th DCA· 2024-02-21
  The trial court properly admitted surveillance photographs under the 'silent witness' theory when the State presented testimony establishing the photographs' time and date, absence of tampering, equipment accuracy, normal procedures for footage retrieval, and accurate representat
• Gibson v. State
  Fla. 5th DCA· 2024-02-02
  A trial court's refusal to instruct on lesser included offenses multiple steps removed from the charged offense is harmless error when evidence clearly supports the conviction, but a defendant must be convicted under the correct offense grade when the charging information or evid
• Wiggins v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2024-01-02
  The court held that the petitioner's claims were procedurally defaulted or lacked merit, and therefore denied his petition for a writ of habeas corpus.
• Earnest Carl Daugthrey v. State
  Fla. 1st DCA· 2023-12-06
  Additional probation conditions not orally pronounced at sentencing may be imposed by written order, but must be timely imposed within sixty days of the original sentence; conditions imposed outside this window are improper.
• Fuller v. Fla. Dep't of Corr.
  M.D. Fla.· 2023-12-04
  Eric Eugene Fuller, an inmate convicted of second-degree murder in Florida state court in 2014, challenged his conviction through federal habeas corpus, raising four grounds alleging his trial counsel provided ineffective assistance. The District Court rejected all claims, findin
• Trevorisse Thomas v. State
  Fla. 5th DCA· 2023-12-01
  The erroneous inclusion of the word "aggravated" in the information's summary, verdict form, and judgment constitutes a scrivener's error when the body of the information correctly charges a non-aggravated offense under section 316.1935(3)(a) and the sentence imposed is within th
• Bedgood v. State
  Fla. 1st DCA· 2023-11-29
  Appellate counsel was not ineffective for failing to raise a jury instruction issue on appeal where the use of "and/or" in the instructions did not constitute fundamental error and the totality of circumstances showed no reasonable probability that the verdict would have been dif
• Alfaro v. State
  Fla. 3d DCA· 2023-10-25
  The trial court properly denied the defendant's motion for judgment of acquittal because the victim's testimony regarding the Rolex watch's original purchase price, condition, use, and the $10,000 pawnshop price provided substantial competent evidence to establish fair market val
• Daniel v. State
  Fla. 1st DCA· 2023-10-11
  A petition for ineffective assistance of appellate counsel must be denied when the petitioner challenges the relief that counsel successfully obtained rather than alleging counsel's failure to raise a prejudicial error that would have yielded a better result.
• Dominique Latrell Gray v. State
  Fla. 1st DCA· 2023-09-20
  A trial court must correct scrivener's errors in a written judgment and sentence to conform to the jury verdict and oral pronouncement, and such ministerial corrections do not require the defendant's presence on remand.
• Kevan Anglin v. State
  Fla. 4th DCA· 2023-08-09
  A restitution order for damage to law enforcement vehicles is proper when the defendant was convicted of attempted aggravated battery arising from striking those vehicles, as the conviction does not require proof that the vehicle occupants were actually injured. The Sheriff's Off
• Green v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2023-06-13
  Timothy E. Green challenged his Duval County convictions for armed burglary with assault or battery on federal habeas review, raising seven grounds of ineffective assistance of trial counsel under the Sixth Amendment. The court denied all claims, finding that the first four chall
• Beasley v. State
  Fla. 2d DCA· 2023-01-20
  The appellate court affirmed a defendant's convictions for conspiracy to commit racketeering and illegal possession of alligator eggs. The court found sufficient evidence for the conspiracy charge, even though some predicate acts were invalid, because other predicate acts like fo
• Korets v. State
  Fla. 4th DCA· 2023-01-18
• Epps v. Sec'y, Fla. Dep't of Corr. (Putnam County)
  M.D. Fla.· 2022-12-09
  The court held that the petitioner's habeas corpus petition was untimely filed and failed to establish actual innocence to overcome the statute of limitations.
• Davis v. State
  M.D. Fla.· 2022-11-03
  Karla Davis challenged her state conviction for second-degree murder through a federal habeas petition, raising twenty-four grounds of ineffective assistance of counsel. The federal court denied all claims, finding that many were procedurally defaulted because Davis failed to bri
• Murray v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2022-11-01
  The court held that the state court's denial of the petitioner's ineffective assistance of counsel claims was not contrary to or an unreasonable application of federal law, nor based on an unreasonable determination of facts.
• Devonte Baker v. State
  Fla. 1st DCA· 2022-10-19
  The court denied a petition alleging ineffective assistance of appellate counsel. The petitioner argued counsel was ineffective for failing to raise claims about sentencing errors and jury instructions in his murder conviction.
• Cockrum v. Sec'y Fla. Dep't Of Corr. (Duval County)
  M.D. Fla.· 2022-08-12
  Florida inmate Donmonique Cockrum sought habeas relief under 28 U.S.C. § 2254, challenging his conviction for attempted second-degree murder based on claims of ineffective assistance of both trial and appellate counsel. The district court denied all claims, finding that the recor
• Roshunda Williams v. Jones
  Fla. 3d DCA· 2022-07-27
  A defendant detained for 33 days without charges being filed must be released on her own recognizance under Rule 3.134, and the subsequent filing of additional misdemeanor charges arising from the same criminal episode does not constitute changed circumstances or new evidence jus
• Duffy v. State
  Fla. 5th DCA· 2022-07-08
  Appellate counsel was ineffective for failing to argue fundamental error where the trial court instructed the jury that robbery with a deadly weapon was a lesser included offense of the charged robbery with a firearm, resulting in an uncharged conviction.
• Edmonds v. State
  Fla. 2d DCA· 2022-04-27
  Clarence Edmonds appealed his convictions and sentences for multiple felonies and a misdemeanor. The appellate court affirmed most of his convictions and sentences but reversed and remanded for clarification on the sentence for a simple battery conviction due to an unclear oral p
• Nixon v. State
  Fla. 1st DCA· 2022-04-06
  Nathan Nixon appeals a conviction for three counts of sexual battery on a victim under age twelve, arguing that his appellate counsel was ineffective for failing to raise certain arguments on direct appeal. The court affirms the conviction and rejects Nixon's ineffective assistan
• Fermin Recalde v. State
  Fla. 3d DCA· 2022-03-30
  Fermin Recalde appeals the denial of his postconviction relief motion, challenging his first-degree murder conviction on the ground that his trial counsel committed structural error by conceding his guilt of the lesser included offense of manslaughter during closing argument with
• Lozoya v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2022-03-25
  Jesus Lozoya, a Florida prisoner convicted of kidnapping, battery, and other charges related to a 2009 attack, filed a federal habeas petition claiming his trial counsel provided ineffective assistance by failing to cross-examine a key witness about potential credibility issues a
• Miers v. United States
  S.D. Fla.· 2022-03-21
  Timothy John Miers challenged his federal convictions for kidnapping and interstate domestic violence through a habeas petition under 28 U.S.C. § 2255, arguing his trial counsel was ineffective and that his sentence violated double jeopardy protections. The district court denied
• Berrane v. State
  Fla. 1st DCA· 2022-02-16
  The appellate court affirmed a conviction for third-degree murder and other charges, holding that a jury instruction on the justifiable use of deadly force, even if erroneous, did not constitute fundamental error. The court found the defendant's self-defense claim was weak and th
• Carbaugh v. State
  Fla. 4th DCA· 2022-01-05
  The appellate court affirmed a conviction for theft, holding that a reconstructed trial transcript was sufficient for meaningful appellate review. The court found the appellant failed to demonstrate prejudice from the missing portion of the transcript.
• Charles v. State
  Fla. 4th DCA· 2021-12-01
  Paul Charles appeals the summary denial of his Rule 3.850 motion for postconviction relief, claiming ineffective assistance of counsel regarding plea negotiations. The appellate court reverses in part and remands for an evidentiary hearing on Charles's claim that trial counsel fa
• Pickle v. State
  Fla. 2d DCA· 2021-10-15
  The appellate court reviewed a conviction for conspiracy to commit racketeering and multiple counts of illegally handling alligators or their eggs. The court vacated the racketeering conviction, finding that the illegal taking of alligator eggs did not constitute theft as a predi
• Heagney v. Sec'y Fla. Dep't of Corr.
  N.D. Fla.· 2021-10-15
  A Florida inmate convicted of capital sexual battery against his six-year-old granddaughter and sentenced to life in prison challenged his conviction in federal habeas corpus proceedings, raising claims about closed-circuit testimony of the child victim, prosecutorial misconduct
• Alphonso Lucas v. State
  Fla. 3d DCA· 2021-10-06
  Alphonso Lucas was convicted of first-degree murder, armed burglary with assault, and aggravated animal cruelty, with lesser-included convictions for aggravated battery on attempted murder counts. On appeal, Lucas challenged evidentiary rulings, denial of a sentencing hearing, an
• Jackson v. State
  Fla. 3d DCA· 2021-09-29
  John Aaron Jackson petitions for a writ of habeas corpus claiming his appellate counsel was ineffective for failing to raise a double jeopardy argument regarding his convictions for home-invasion robbery while carrying a firearm and aggravated assault with a firearm. The court de
• Washington v. State
  Fla. 1st DCA· 2021-09-29
  The conviction is affirmed, but the sentence is reversed because retroactive application of a 2014 statutory amendment that reclassified the offense from second-degree to first-degree felony violates the ex post facto clause. Instructing the jury on a lesser included offense is n
• Wims v. State
  Fla. 1st DCA· 2021-09-29
  The First District Court of Appeal dismissed Wims' habeas corpus petition as frivolous, holding that habeas corpus is not a vehicle for relitigating issues that should have been raised on direct appeal or in rule 3.850 proceedings, and imposed sanctions for his pattern of repetit
• Mansell v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2021-09-23
  Lwane Mansell, a Florida prisoner convicted of luring/enticing a child and lewd/lascivious conduct against an 11-year-old, filed a federal habeas corpus petition challenging his conviction, raising claims of prosecutorial misconduct, insufficient evidence, and ineffective assista
• Hughlon v. State of Fla. (Duval County)
  M.D. Fla.· 2021-09-23
  Bernard Hughlon, a Florida state prisoner, sought federal habeas relief challenging his 2010 conviction for escape by arguing ineffective assistance of counsel, improper jury procedures, denial of a lesser-included offense instruction, and improper prosecutorial comments. The cou
• Barian Keith Parrish, JR. v. State
  Fla. 4th DCA· 2021-09-08
  Defendant was convicted of multiple crimes including four felony-facilitation kidnapping counts arising from an armed robbery of an auto parts store. The appellate court affirmed three kidnapping convictions but reversed one, finding insufficient evidence under the Faison test to
• Markquise Deshawn Wallace v. State
  Fla. 1st DCA· 2021-09-02
  Markquise Deshawn Wallace appeals his convictions for vehicular homicide, leaving the scene of an accident, and tampering with electronic monitoring. The court addresses six issues raised on appeal, finding merit in only the double jeopardy claim and reversing in part while affir
• Shakoor v. State of Fla. (Pinellas County)
  M.D. Fla.· 2021-08-30
  The court denied the habeas corpus application because the claims were either untimely, procedurally defaulted, or failed to meet the AEDPA's deferential review standards for state court decisions on ineffective assistance of counsel claims.
• Spence v. Sec'y, Dep't of Corr. (Putnam County)
  M.D. Fla.· 2021-08-20
  Christopher Spence, a prisoner challenging his state court conviction for sale of cannabis, petitioned for federal habeas corpus relief on six grounds claiming ineffective assistance of counsel under the Sixth Amendment. The District Court for the Middle District of Florida denie