Lesser Included Offense

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

• H.R. v. State
  Fla. 3d DCA· 2020-02-12
  The appellate court affirmed a juvenile's adjudication for resisting an officer without violence, holding that the juvenile's attorney failed to properly preserve the argument that the arrest was unlawful. The court found that while the arrest may have been unlawful because the u
• Berouty v. State
  Fla. 2d DCA· 2020-02-07
  Improper prosecutorial closing argument comments that were not contemporaneously objected to do not constitute fundamental error warranting reversal unless they reach down into the validity of the trial itself such that a guilty verdict could not have been obtained without the er
• In re Standard Jury Instructions in Crim. Cases - Report 2019-03
  Fla.· 2020-02-06
  The Court authorized amended instruction 25.13(f) and new instructions 25.13(g) and 25.13(h) for prosecutions under Florida Statutes sections 893.1351(1), (2), and (3), respectively, with a modification to include "trailer" in the elemental and definitional language. The instruct
• Braddy v. Inch
  N.D. Fla.· 2020-02-04
  The court held that the petitioner failed to demonstrate prejudice from the jury instruction error or the prosecutor's argument, and thus denied his habeas corpus petition and certificate of appealability.
• In re Standard Jury Instructions in Crim. Cases - Report 2019-10
  Fla.· 2020-01-16
  The Florida Supreme Court authorized amendments to standard jury instructions 28.6, 28.7, 28.8, and 28.8(a) concerning fleeing to elude a law enforcement officer. The amendments removed the definition for 'operator' and updated statutory citations for 'street or highway' and 'veh
• Tatara v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2020-01-16
  David Tatara was convicted of second-degree murder in the death of a 15-month-old child despite the trial court granting his motion for acquittal on the charged count of first-degree felony murder. The federal district court rejected Tatara's habeas challenges to his conviction,
• In re Standard Jury Instructions in Crim. Cases - Report 2019-09
  Fla.· 2020-01-16
  The Florida Supreme Court approved amendments to five standard criminal jury instructions to reflect recent legislative changes, including modifications to statutes governing lewd or lascivious exhibition, theft, falsely personating an officer, possession of controlled substances
• Rivera v. State
  Fla. 5th DCA· 2019-12-26
  Marcos Rivera was convicted of both aggravated battery and battery arising from a single violent altercation. The court reversed his battery conviction, holding that separate convictions for both crimes constitute a double jeopardy violation because battery is a lesser offense wh
• In re Standard Jury Instructions in Crim. Cases - Report 2019-02
  Fla.· 2019-12-19
  The Court authorized for publication and use amended instructions 7.3, 7.5, and 7.6 as proposed, removing the Williams v. State language from instruction 7.3 that had been added in a prior order.
• Burnie Reed v. State
  Fla. 4th DCA· 2019-12-11
  The appellate court affirmed a defendant's convictions for second-degree murder and attempted first-degree murder. The court specifically addressed the defendant's argument that the trial court erred in refusing to instruct the jury on the heat of passion defense, finding no evid
• J. F. v. State
  Fla. 2d DCA· 2019-12-11
  The appellate court reversed a delinquency finding for lewd or lascivious conduct because it was not a lesser included offense of the charged crime of attempted sexual battery on a child. The court remanded the case for the trial court to determine if the evidence supported a fin
• Hester v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2019-12-06
  Shuron Antwoune Hester filed a federal habeas petition challenging his Florida conviction for sexual battery and lewd or lascivious molestation of a child. The District Court denied the petition, finding that several claims were procedurally barred due to insufficient exhaustion
• Brady v. State
  Fla. 2d DCA· 2019-11-22
  Brady affirmatively waived any claim of fundamental error regarding the omission of excusable homicide jury instructions because the trial court specifically directed the parties' attention to the missing definitions and defense counsel acknowledged the omission yet agreed to the
• Riley v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2019-11-18
  The court held that the petitioner failed to overcome the presumption of counsel's reasonable performance and failed to demonstrate prejudice, thus denying habeas corpus relief.
• Smith v. State
  Fla. 4th DCA· 2019-11-06
  Appellant was convicted of robbery with a deadly weapon, kidnapping while armed, and fleeing and eluding police during a supermarket robbery. On appeal, Appellant challenged the trial court's handling of an alleged discovery violation regarding maps used to illustrate his flight
• Maisonet-Maldonado v. State
  Fla. 5th DCA· 2019-10-18
  A defendant may not be punished for a single homicide under two different statutes, and therefore dual convictions for vehicular homicide and fleeing and eluding causing serious injury or death involving the same victim violate the single homicide rule.
• Smith v. State
  Fla. 1st DCA· 2019-10-17
  A conviction for unlawful sexual activity with certain minors must be reversed where it is subsumed in a conviction for sexual battery.
• Giardina v. Sec'y, Dep't of Corr.
  M.D. Fla.· 2019-10-16
  Michael Giardina, convicted of aggravated battery for stabbing Christopher Carpentier, filed a federal habeas corpus petition claiming ineffective assistance of counsel and challenging jury instructions on self-defense under Florida's Stand Your Ground law. The district court den
• Belanger v. State
  Fla. 5th DCA· 2019-10-11
  The judgment and sentence are affirmed, with remand for correction of scrivener's errors in the written judgment.
• State v. Pharisien
  Fla. 2d DCA· 2019-10-04
  An appellate court's mandate from remand, though ambiguously worded, reversed only a second-degree murder conviction based on an erroneous jury instruction on manslaughter as a lesser-included offense, and did not authorize reversal of a separately charged attempted second-degree
• Antwand Howard v. State
  Fla. 1st DCA· 2019-09-09
  Dual convictions for solicitation of a minor and traveling to meet a minor constitute a double jeopardy violation and the lesser conviction must be reversed.
• Holmes v. State
  Fla. 3d DCA· 2019-09-04
  The court denied a petition for writ of habeas corpus filed by Casey Holmes, finding his claim of ineffective assistance of counsel time-barred and without merit. The court also noted Holmes' history of filing numerous frivolous appeals and ordered him to show cause why he should
• ID# 1507010845 Shaquille Campbell
  Del. Super. Ct.· 2019-08-29
  The Court denied the defendant's amended motion for postconviction relief, finding that his trial counsel's conduct did not fall below an objective standard of reasonableness and did not prejudice the defendant. The court determined that counsel's strategic decisions regarding th
• Octavio Cazarez v. State
  Fla. 3d DCA· 2019-08-21
  The appellate court affirmed the lower court's denial of a petition for writ of habeas corpus, new trial, and other relief. The court found the petition was untimely, successive, and raised issues that should have been addressed on direct appeal.
• Yandri Lopez-MacAya v. State
  Fla. 3d DCA· 2019-08-14
  The appellate court affirmed a conviction for domestic battery by strangulation, holding that the evidence presented was sufficient to establish that the defendant's actions created a risk of great bodily harm, which is an element of the crime. The court also addressed other issu
• R. C. O. v. State
  2017 WL 3495601· Fla. 1st DCA· 2019-07-23
  A delinquency petition must allege all necessary elements of a lesser-included offense on which a trial court convicts a juvenile, or the conviction must be reversed.
• Aquino v. State
  Fla. 3d DCA· 2019-07-17
  Benjamin Aquino was convicted of lewd or lascivious conduct involving a 14-year-old victim. On appeal, he argued his trial counsel provided ineffective assistance by failing to move for judgment of acquittal based on sufficiency of evidence and by objecting to a jury instruction
• Rodgerick Angelo Shoulders, JR. v. State
  Fla. 5th DCA· 2019-06-28
  The appellate court reviewed a petition for ineffective assistance of appellate counsel. It granted the petition in part, finding counsel was ineffective for failing to argue that the evidence did not support the jury's special verdict that the defendant personally discharged a f
• Giezi Corrales Volpi v. State
  273 So. 3d 1149· Fla. 5th DCA· 2019-06-07
  The conviction for robbery with a mask under section 812.13(2)(c) is affirmed, but the judgment and sentence must be corrected to cite the proper statute.
• R. W. v. State
  Fla. 2d DCA· 2019-05-31
  A disposition order must accurately reflect the trial court's oral pronouncement at the adjudicatory hearing.
• Weitz v. State
  275 So. 3d 707· Fla. 2d DCA· 2019-05-31
  A violation of section 934.215 (unlawful use of a two-way communications device) is a necessarily lesser included offense of section 847.0138(2) (transmitting material harmful to minors via electronic mail) because transmitting via electronic mail necessarily involves the use of
• Hayes v. State
  Fla. 5th DCA· 2019-05-31
  The appellate court reversed a conviction for driving with a permanently revoked license, holding that the state failed to prove the defendant possessed a license or privilege that could be revoked. The court noted a legislative loophole but stated it must apply the statute as wr
• Wade v. State
  274 So. 3d 479· Fla. 3d DCA· 2019-05-29
  When the State fails to present evidence of the value of stolen property, a conviction for petit theft in the first degree cannot be sustained and must be reduced to petit theft in the second degree.
• Pasicolan v. State
  268 So. 3d 279· Fla. 1st DCA· 2019-05-02
  The appellant appealed his convictions on three issues, challenging two convictions as violating double jeopardy protections. The appellate court affirmed the first two issues without comment and initially affirmed the double jeopardy challenge under Lee v. State, but subsequentl
• Israel v. State
  268 So. 3d 276· Fla. 1st DCA· 2019-05-02
  Daniel Antoine Israel, Sr. appeals his conviction for resisting an officer with violence, claiming trial counsel was ineffective for failing to request a jury instruction on the lesser included offense of resisting an officer without violence. The appellate court affirmed the con
• Gallo v. State
  272 So. 3d 418· Fla. 4th DCA· 2019-04-10
  Appellant broke into a home while under the influence of multiple drugs, violently assaulted the occupants including a mother and her adult son, and resisted law enforcement. He pleaded no contest to trespass (as a lesser-included offense of burglary), battery on a law enforcemen
• Buggs v. State
  268 So. 3d 878· Fla. 2d DCA· 2019-04-03
  A defendant may be separately convicted and sentenced for delivery and possession of the same controlled substance committed in the same criminal transaction under section 775.021(4); however, a sentence for a third-degree felony that includes both imprisonment and probation exce
• Johnson v. State
  270 So. 3d 395· Fla. 4th DCA· 2019-03-27
  Jury instructions that inadvertently switched the lesser included offense instructions between two counts do not constitute fundamental error where the written instructions provided to the jury and the verdict form interrogatories clearly delineate the proper elements for each co
• Jae-Il Byun v. State
  Fla. 2d DCA· 2019-03-06
  Convictions for unlawful travel under section 847.0135(4)(a) and attempted lewd battery under sections 800.04(4)(a)(1) and 777.04(1) do not violate double jeopardy because each offense requires proof of an element the other does not: unlawful travel requires proof the victim is u
• Elliott v. State
  267 So. 3d 1061· Fla. 1st DCA· 2019-02-27
  The trial court properly summarily denied Elliott's postconviction motion for relief because all claims of ineffective assistance of counsel and cumulative error were either facially insufficient or conclusively refuted by the record.
• James v. State
  264 So. 3d 982· Fla. 4th DCA· 2019-02-20
  A trial court violates double jeopardy by convicting a defendant of grand theft auto when the defendant is also convicted of armed carjacking, as grand theft auto is a lesser included offense of carjacking arising from a single criminal act. A sentencing court commits constitutio
• Shayla Lewis v. State
  264 So. 3d 1134· Fla. 2d DCA· 2019-02-20
  Shayla Lewis appealed her convictions for executing a scheme to defraud a financial institution, unlawful possession of a stolen credit card, fraudulent use of a credit card, grand theft, and criminal use of personal identification information. The court affirmed most convictions
• C.Y. v. State
  263 So. 3d 239· Fla. 3d DCA· 2019-01-23
  Simple assault is a second-degree misdemeanor, not a first-degree misdemeanor, and an adjudicatory order incorrectly listing the degree must be remanded for correction.
• Shade v. State
  263 So. 3d 91· Fla. 4th DCA· 2019-01-23
  Timothy Shade was convicted of two counts of burglary arising from a single entry into a dwelling. The appellate court affirmed four of his five raised issues but agreed that the dual burglary convictions and sentences violated double jeopardy principles. The court reversed one c
• Rydell Mills
  Del.· 2019-01-14
  The Delaware Supreme Court held that convicting a defendant of multiple counts of resisting arrest based solely on the number of arresting officers violates the multiplicity doctrine and double jeopardy principles. The Court further held that a defendant may be convicted of both
• Barber v. State
  263 So. 3d 1133· Fla. 1st DCA· 2019-01-10
  Appellant was convicted of burglary of a conveyance with assault or battery and simple battery arising from a single criminal episode in a parking lot. Appellant appealed on double jeopardy grounds, arguing the two convictions violated the constitutional prohibition against being
• Freeman v. State
  262 So. 3d 863· Fla. 2d DCA· 2019-01-09
  Keisha Freeman appeals her convictions for uttering a forged document, grand theft, criminal use of personal identification information, fraudulent use of a credit card, and scheme to defraud. The court vacated the grand theft conviction due to a double jeopardy violation arising
• S.S. v. State
  261 So. 3d 704· Fla. 5th DCA· 2018-12-14
  A court may not order restitution for damages unless the State presents competent, substantial evidence establishing a causal relationship between the offense to which the defendant pleaded and the damages sought. Where a defendant pleads to trespass in a conveyance rather than g
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2018-03.
  253 So. 3d 995· Fla.· 2018-09-27
  The Florida Supreme Court authorized amendments to seven standard criminal jury instructions related to fraudulent use and possession of personal identification information under Florida Statute § 817.568. The amendments add new provisions explaining the term 'possession,' clarif
• Hargrett v. State
  254 So. 3d 982· Fla. 4th DCA· 2018-09-05
  A defendant is entitled to a jury instruction and verdict form permitting conviction of dual lesser-included offenses (theft and resisting a merchant) in a robbery case, and counsel's failure to request such instruction may constitute ineffective assistance when the evidence supp