Lesser Included Offense

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

• Amison v. State
  Fla. 1st DCA· 2021-08-18
  The appellate court reviewed convictions for financial crimes against a married couple, the Amisons. The court reversed some convictions due to double jeopardy violations and errors in restitution calculations, while affirming others. The case highlights the importance of distinc
• Amison v. State
  Fla. 1st DCA· 2021-08-18
  Spouses Jennifer and Joseph Amison appealed convictions for financial crimes related to a charity fundraiser. The appellate court reversed some convictions due to double jeopardy violations and errors in restitution calculations, while affirming others.
• S. S. v. State
  Fla. 2d DCA· 2021-06-11
  The appellate court reversed a delinquency adjudication for trespass, finding the state failed to prove the notice element of the offense. Specifically, the court held that evidence of a fence alone was insufficient without proof of its height to establish statutory notice requir
• Montgomery v. Sec'y, Dep't of Corr. (Orange County)
  M.D. Fla.· 2021-06-02
  The court held that the petitioner failed to demonstrate that the state court's decisions were contrary to or unreasonably applied clearly established federal law, and therefore denied the petition for a writ of habeas corpus.
• Thornton v. Sec'y, Dep't of Corr. (Clay County)
  M.D. Fla.· 2021-05-24
  Darrell Thornton, an inmate serving a sentence for attempted second-degree murder, battery, robbery with a deadly weapon, carjacking, and second-degree arson, filed a federal habeas corpus petition raising eight grounds for relief based on claims of ineffective assistance of tria
• Peruchi v. State
  Fla. 2d DCA· 2021-05-07
  The appellate court reversed a second-degree murder conviction and life sentence due to fundamental error in jury instructions regarding the justifiable use of deadly force. The instructions incorrectly listed uncharged offenses as forcible felonies, potentially misleading the ju
• Wisler Louis v. State
  Fla. 1st DCA· 2021-04-30
  The appellate court affirmed the defendant's conviction and sentences, addressing his claim that jury instructions on lesser-included offenses were improperly given. The court found that while the defendant waived instruction on lesser-included offenses, the State did not consent
• Houk v. State
  Fla. 1st DCA· 2021-04-29
  The appellate court reversed Crystal Houk's conviction for animal cruelty, finding that her dual convictions for animal cruelty and aggravated animal cruelty violated double jeopardy. The court determined these offenses are degree variants of the same crime under Florida law.
• Andujar-Ruiz v. State
  Fla. 2d DCA· 2021-04-09
  The appellate court held that a circuit court lacked jurisdiction to adjudicate misdemeanor offenses after a related felony charge was dismissed. Consequently, the defendant's misdemeanor convictions were vacated.
• Woods v. Fla. Dep't of Corr.
  S.D. Fla.· 2021-04-08
  The court adopted the Magistrate Judge's report, finding that the Petitioner's double jeopardy claim failed because the prior charge was dismissed before jeopardy attached and that retrial after a conviction reversal for evidentiary error is permissible.
• Davis v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2021-03-31
  The court held that the state court's denial of the petitioner's claims of ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
• Cori Lamar Butler v. State
  Fla. 4th DCA· 2021-03-31
  Although a trial court may abuse its discretion in excluding a victim's next of kin from trial proceedings under Marsy's Law, a defendant is not entitled to relief absent a showing of prejudice. The constitutional right to be present does not conflict with the accused's right to
• Pimental v. State
  Fla. 3d DCA· 2021-03-17
  A habeas corpus petition is denied where the petitioner has previously raised the same claims in multiple prior appeals and no fundamental error exists in the jury instruction for the offense of conviction.
• Alto Daniels, Jr. v. State
  Fla. 1st DCA· 2021-03-16
  The appellate court affirmed a defendant's convictions and sentences for attempted murder and shooting deadly missiles. The court found no arguable issues on appeal, agreeing with the defendant's counsel that the record did not support reversible error.
• Chumney v. State
  Fla. 2d DCA· 2021-03-12
  The appellate court addressed Andrew Chumney's appeal of his drug offense convictions. The court agreed that convictions for both possession of over twenty grams of cannabis and possession of cannabis with intent to sell, when related to the same marijuana, violate double jeopard
• Marrero v. State
  Fla. 5th DCA· 2021-03-04
• Elisha Baxter v. State
  Fla. 3d DCA· 2021-02-17
  The conviction for second-degree murder was supported by competent, substantial evidence, and the trial court properly denied the motion for judgment of acquittal and instructed the jury on the lesser-included offense of manslaughter.
• Kennedy v. Sec'y, Dep't of Corr. (Duval County)
  M.D. Fla.· 2021-02-04
  Michael Kennedy, convicted in Duval County of two counts of aggravated assault with firearm discharge and one count of shooting or throwing a deadly missile, filed a federal habeas petition challenging his conviction on multiple grounds of ineffective assistance of trial counsel.
• Elisha Baxter v. State
  Fla. 3d DCA· 2021-01-20
  The trial court properly denied the defendant's motion for judgment of acquittal because competent, substantial evidence, including eyewitness testimony, video evidence, and photographic evidence, established all elements of second-degree murder beyond a reasonable doubt, particu
• Nichols v. State
  Fla. 2d DCA· 2021-01-15
  The appellate court reversed alligator-related convictions because the jury instructions were incomplete and misleading. The instructions failed to properly explain the interaction between a state statute and administrative code provisions regarding alligator possession, which wa
• Delmoral v. Sec'y, Dep't of Corr. (Polk County)
  M.D. Fla.· 2020-12-30
  Dennis Delmoral petitioned for a federal habeas writ challenging his state convictions for aggravated battery and aggravated assault with a deadly weapon after he attacked Vernon Carter with a knife during an altercation in Florida. The district court denied all twelve grounds of
• Aquino v. State
  Fla. 3d DCA· 2020-12-02
  Trial counsel was not ineffective for failing to move for judgment of acquittal where sufficient evidence supported the conviction when viewed in the light most favorable to the State, and counsel properly objected to an attempt instruction where the evidence proved only a comple
• Benson v. State of Del.
  Del.· 2020-11-06
  The Delaware Supreme Court affirmed the Superior Court's judgment, holding that the defendant's arguments regarding false statements in the arrest warrant and indictment, violation of his right to a speedy trial, amendment of the indictment, double jeopardy, improper jury instruc
• Bott v. State
  Fla. 4th DCA· 2020-11-04
  When a jury finds a defendant did not possess a firearm but convicts on aggravated assault or aggravated battery with a deadly weapon, and the jury was instructed only on the firearm theory without alternative bases, the verdict is legally inconsistent and must be reversed. A jur
• V. Manuel Salaberrios ID NO.: 1405016171
  Del. Super. Ct.· 2020-11-02
  The Court denied the defendant's motion for post-conviction relief, finding that trial counsel's failure to investigate the defendant's mental health history did not constitute ineffective assistance of counsel. The Court reasoned that in a non-capital case with strong evidence o
• Ibes Gomez v. State
  Fla. 3d DCA· 2020-10-21
  The appellate court reversed the trial court's sentencing orders, finding that the trial court failed to follow the appellate court's prior mandates. The trial court improperly re-imposed the same sentence without a full sentencing hearing after convictions were vacated, despite
• Evans v. State
  M.D. Fla.· 2020-10-01
  The federal court denied the petition for writ of habeas corpus, finding the state court's adjudications of the petitioner's claims were not contrary to, nor an unreasonable application of, clearly established federal law.
• Deontae Palinski Johnson v. State
  Fla. 1st DCA· 2020-09-14
  A single crash permits only one conviction for leaving the scene, even when the crash results in death to one victim and injury to others. When multiple leaving-the-scene convictions arise from one crash, the lesser convictions must be vacated and only the greater conviction—leav
• Samuels v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-08-13
  Oliver Samuels, convicted of first-degree premeditated murder in the death of his ex-girlfriend, petitioned for federal habeas corpus relief challenging the conviction on multiple grounds including Miranda rights violations, ineffective assistance of counsel, and insufficiency of
• Wong v. State
  Fla. 3d DCA· 2020-08-12
  The appellate court affirmed Ivan Wong's convictions for murder and other offenses, finding no abuse of discretion by the trial court regarding the admission of evidence of a firearm's "Punisher" skull logo. The court also found any potential errors to be harmless.
• Rettley v. State
  Fla. 5th DCA· 2020-07-16
  Lee Roy Rettley was convicted of robbery by sudden snatching after breaking into a victim's apartment and stealing approximately $800. The appellate court reversed the conviction, finding insufficient evidence that Rettley took the money while it was on the victim's person, as re
• Brown v. State
  Fla. 1st DCA· 2020-06-26
  The appellate court reversed a conviction for robbery by sudden snatching because the stolen phones were not taken from the victim's person. The court directed the trial court to enter a judgment for the lesser offense of theft.
• A.H. v. State
  Fla. 3d DCA· 2020-06-17
  The appellate court affirmed a trial court's decision to impose a 30-day electronic monitoring requirement as a special condition of probation for a juvenile. The court found no abuse of discretion in the trial court's decision.
• David v. State
  Fla. 3d DCA· 2020-06-10
  The appellate court reversed a conviction for attempted manslaughter and aggravated assault, finding that the trial court committed fundamental error by omitting crucial language from the jury instruction on transferred intent. This omission prevented the jury from considering th
• Deoclecio Sampaio v. State
  Fla. 1st DCA· 2020-06-10
  The appellate court denied a petition for writ of habeas corpus, finding that appellate counsel was not ineffective for failing to argue on direct appeal that the amended information was defective. The court reasoned that the information adequately provided notice of the charges,
• Elder v. State
  Fla. 4th DCA· 2020-05-27
  The trial court abused its discretion by refusing to give a jury instruction on the presumption of reasonable fear for justifiable use of deadly force and by excluding medical testimony regarding the defendant's myasthenia gravis diagnosis, both of which were supported by evidenc
• Joseph v. State
  Fla. 1st DCA· 2020-05-20
  The appellate court affirmed a conviction for possession of cannabis, holding that the trial court did not abuse its discretion by refusing to strike the jury panel after a prospective juror stated the defendant looked familiar. The court found the juror's comment did not create
• Walker v. State
  Fla. 1st DCA· 2020-05-18
• Duckworth v. State
  Fla. 3d DCA· 2020-05-13
  The appellate court denied a petition for a writ of habeas corpus filed by Jerry Duckworth. Duckworth argued that the jury instructions at his trial were fundamentally erroneous because they failed to define "weapon." The court found that while the written instructions were defic
• Barr v. State
  Fla. 1st DCA· 2020-05-08
  The appellate court reversed a conviction for possession of cocaine with intent to sell, finding the case indistinguishable from a prior ruling. The dissenting judge argued the issue was not preserved for appeal and that the evidence was sufficient to support the jury's verdict.
• Williams v. State
  Fla. 3d DCA· 2020-05-06
  Gregory Williams was convicted of burglary of an unoccupied structure during a state of emergency. He appealed, arguing the trial court erred in denying his motion for acquittal, giving certain jury instructions, and including a lesser-included offense on the verdict form. The ap
• Williams v. State
  Fla. 4th DCA· 2020-04-22
  Herman Williams appealed his convictions for assault and attempted robbery. The court found that Williams's convictions for both assault and attempted robbery violated the double jeopardy clause because they were based on the same conduct as alleged in the charging document. The
• State v. Lex Lugard Eugene
  Fla. 4th DCA· 2020-04-15
  Dual convictions for vehicular homicide and fleeing or attempting to elude an officer causing serious bodily injury or death violate the single homicide rule when committed in the same criminal episode causing one death. The trial court properly dismissed the fleeing count at sen
• Orlier Suarez Albo v. State
  Fla. 3d DCA· 2020-04-01
• Cornell Roberts v. State
  Fla. 4th DCA· 2020-04-01
  The failure to instruct a jury on a lesser included offense does not constitute fundamental error when there is no error in the jury instruction for the offense of conviction and the evidence supports that conviction. The Florida Supreme Court's recession from prior precedent in
• Potter v. State
  Fla. 3d DCA· 2020-03-18
  Karen Potter appealed her conviction for purchasing oxycodone, arguing the trial court wrongly refused to instruct the jury on a "valid prescription defense." The appellate court affirmed, finding that even if the refusal was an error, it was harmless because the evidence overwhe
• In re Standard Jury Instructions in Crim. Cases - Report 2019-11
  Fla.· 2020-02-27
  The Florida Supreme Court authorized amendments to four standard criminal jury instructions (3.12 Verdict, 8.26 Sexual Cyberharassment, 11.21 Transmission of Material Harmful to Minors, and 27.1 Escape) following Committee proposals and public comment. The Court approved the amen
• In re Standard Jury Instructions in Crim. Cases - Report 2019-12
  Fla.· 2020-02-27
  The Florida Supreme Court authorized three new standard jury instructions for crimes against police, fire, and search and rescue canines and horses under amended Florida Statute § 843.19, following legislative expansion of the statute from "dogs" to "canines."
• Velazco v. State
  Fla. 3d DCA· 2020-02-19
  The appellate court affirmed the appellant's convictions for leaving the scene of an accident and DUI causing serious bodily injury and property damage. The court held that these offenses were distinct and did not violate double jeopardy principles, and that the admission of perp
• Maclean v. State
  Fla. 4th DCA· 2020-02-19
  A trial court must accept a defendant's waiver of the statute of limitations defense to permit jury instruction on a lesser-included offense when the defendant did not succeed in obtaining dismissal of any charge based on that defense in the criminal episode.