Lesser Included Offense

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

• Snead v. State
  254 So. 3d 1119· Fla. 5th DCA· 2018-08-31
  Philip Snead appeals the summary denial of his Rule 3.850 postconviction motion alleging ineffective assistance of counsel. Snead argues that his trial counsel failed to object to jury instructions and verdict forms that allowed the jury to convict him of felony battery—a charge
• Magee v. State
  252 So. 3d 423· Fla. 5th DCA· 2018-08-31
  The Florida District Court of Appeal reviewed a post-conviction relief motion. The court affirmed the denial of one claim but reversed the denial of another, remanding for an evidentiary hearing or record attachment to refute the claim.
• Snead v. State
  Fla. 5th DCA· 2018-08-27
  When a defendant is charged with aggravated battery with a deadly weapon but the jury instruction includes felony battery based on great bodily harm—a theory not charged or alleged—the record must conclusively refute the defendant's claim of a due process violation or an evidenti
• Franklin v. State
  Fla. 2d DCA· 2018-08-24
  Appellate counsel rendered ineffective assistance by failing to argue that the jury instruction for attempted manslaughter by act was fundamentally erroneous, as the instruction improperly required an intent to kill element not in the statute and rendered attempted second-degree
• Zamarianne (a.k.a. Jonathan
  Del.· 2018-08-24
  The appellate court affirmed the conviction for first-degree assault of a law enforcement officer and resisting arrest. The court found sufficient evidence to support the jury's determination that the officer suffered serious physical injury, considering the bite wound, resulting
• Crenshaw v. State
  252 So. 3d 856· Fla. 2d DCA· 2018-08-15
  Morris Crenshaw appeals the denial of his habeas corpus petition challenging his second-degree murder conviction based on an erroneous jury instruction on the lesser-included offense of manslaughter. The court granted relief, finding that Crenshaw's argument had merit and that de
• Tlacey Al Randall v. State
  249 So. 3d 799· Fla. 1st DCA· 2018-08-03
  A trial court improperly sentences a defendant when it relies partly on conduct for which the defendant was acquitted or on uncharged criminal activity.
• Martinez v. State
  251 So. 3d 306· Fla. 2d DCA· 2018-07-13
  A defendant may not be convicted of both DUI manslaughter and driving with a suspended license causing death for the same victim and must have the lesser conviction vacated.
• Hernandez v. State
  245 So. 3d 1025· Fla. 1st DCA· 2018-06-28
  Double jeopardy principles prohibit separate convictions for solicitation and traveling based on the same conduct, requiring vacation of the lesser-included solicitation conviction.
• Milena Alvarez v. State
  246 So. 3d 566· Fla. 1st DCA· 2018-06-08
  A probation revocation order must accurately reflect the specific violations found by the trial court, and clerical errors in documenting those violations may be corrected on remand without requiring the appellant's presence.
• McNair v. State
  244 So. 3d 379· Fla. 5th DCA· 2018-04-20
  James McNair appeals the denial of his motion for postconviction relief alleging ineffective assistance of counsel for failing to challenge the use of a 1992 aggravated assault conviction as a predicate offense for VFO sentencing enhancement. The court reversed and remanded, find
• Davis v. State
  244 So. 3d 312· Fla. 4th DCA· 2018-04-18
  A trial court must correct a scrivener's error that misclassified a third-degree felony sale of MDMA as a second-degree felony and remand for resentencing on that count, and must correct the written judgment where it lists incorrect narcotics for counts that were properly pronoun
• McNair v. State
  Fla. 5th DCA· 2018-04-16
  The trial court erred in denying McNair's Rule 3.850 motion when trial counsel failed to examine the predicate conviction documents and the record did not establish whether the 1992 aggravated assault was committed with a firearm or deadly weapon, a distinction critical to VFO se
• Musson v. State
  242 So. 3d 512· Fla. 2d DCA· 2018-04-06
  Vanessa Musson filed a petition alleging ineffective assistance of appellate counsel. The original trial conviction involved multiple crimes including simple battery, aggravated battery, kidnapping, grand theft, and armed robbery. On appeal, the appellate court reversed only the
• Watkins v. State
  244 So. 3d 341· Fla. 2d DCA· 2018-03-14
  Malcolm Watkins appeals his convictions for child solicitation, traveling to meet a minor, attempted lewd battery, and unlawful use of a two-way communications device. The court finds that the convictions for traveling to meet a minor and unlawful use of a two-way communications
• Parrondo v. State
  239 So. 3d 777· Fla. 3d DCA· 2018-03-07
  A jury instruction omitting a disputed element of exploitation of an elderly person or disabled adult constitutes fundamental error, but where the defendant was also charged with and convicted of the lesser included offense of grand theft, the proper remedy is reversal and entry
• I.L. v. State
  240 So. 3d 81· Fla. 3d DCA· 2018-02-21
  Evidence was insufficient to establish burglary because the building under construction lacked a roof, which is a required element of 'structure' under Florida law. The court affirmed the criminal mischief conviction and reversed the probation order, remanding for a new dispositi
• Doyle v. State
  Fla. 5th DCA· 2018-02-19
  Dual convictions for extortion under section 836.05 and written threats to kill or do bodily injury under section 836.10, arising from the same criminal transaction, violate double jeopardy because the written threats statute contains no element not already required by the extort
• Canidate v. State
  238 So. 3d 412· Fla. 4th DCA· 2018-02-14
  # Legal Brief In Canidate v. State of Florida, the Fourth District Court of Appeal reversed the defendant's conviction for fleeing a law enforcement officer at high speed with wanton disregard under Florida Statute § 316.1935(3)(a), finding the State failed to establish the want
• ST. Louis v. State
  247 So. 3d 586· Fla. 2d DCA· 2018-02-09
  A defendant's conviction for simple possession of cocaine must be vacated as violating double jeopardy when the defendant is also convicted of possession with intent to sell or deliver based on portions of the same single stash of cocaine. The lesser offense of simple possession
• Aguilar v. State
  239 So. 3d 108· Fla. 3d DCA· 2018-01-17
  Warrantless blood test results were admissible under the exigent circumstances exception to the Fourth Amendment warrant requirement, as the totality of circumstances—including a fatal accident, serious injuries, ninety minutes between accident and test, and evidence that obtaini
• Romayne O. Morrison v. State
  227 So. 3d 221· Fla. 5th DCA· 2017-09-29
• Charmarkco S. Evans v. State
  221 So. 3d 1228· Fla. 4th DCA· 2017-06-07
  Evans was convicted of two counts of felony battery arising from a domestic violence incident and appeals arguing the convictions violate Double Jeopardy. The court affirmed, finding the offenses occurred during separate criminal episodes with sufficient temporal break between th
• Marsh v. State
  219 So. 3d 214· Fla. 2d DCA· 2017-05-12
  Nicholas Denole Marsh appealed his dual convictions for felony battery and battery on a licensed security officer, arguing double jeopardy violations and insufficient evidence. The State conceded both issues, and the court affirmed the felony battery conviction while reversing th
• Smith v. State
  217 So. 3d 1187· Fla. 2d DCA· 2017-05-03
  Carlos Smith appeals the summary denial of his Rule 3.850 postconviction motion asserting ineffective assistance of counsel. The court affirms the denial of ground one but reverses and remands ground two, which claims counsel failed to challenge the jury's legally inconsistent ve
• Elton Lee Baker v. Dep't OF Corr. & State of Fla.
  220 So. 3d 487· Fla. 5th DCA· 2017-04-28
  The court quashed the trial court's order denying habeas corpus relief and remanded for transfer to the proper county because the Marion County court lacked jurisdiction over convictions imposed in Sumter County.
• Walters v. State
  217 So. 3d 175· Fla. 3d DCA· 2017-04-12
  Manuel Walters was convicted of second-degree murder for shooting a victim during a confrontation. On remand from the Florida Supreme Court following its decisions in State v. Montgomery and Haygood v. State, the Third District Court of Appeal affirmed the conviction, holding tha
• Davy Rodriguez Evans v. State
  215 So. 3d 195· Fla. 2d DCA· 2017-04-07
• State v. Murphy
  215 So. 3d 168· Fla. 1st DCA· 2017-03-31
• Djavon P. Holland
  Del.· 2017-03-22
  The Court reversed the defendant's convictions for Attempted Robbery and Home Invasion, along with associated firearm charges, finding that the State failed to overcome the presumption of vindictive prosecution. The Court affirmed convictions for charges from the first trial and
• In re STANDARD JURY INSTRUCTIONS IN CRIM. CASES-REPORT 2016-05
  210 So. 3d 626· Fla.· 2017-02-09
  The Florida Supreme Court authorized amendments to standard jury instruction 20.6 regarding welfare fraud and adopted new instruction 20.6(a) addressing the specific offense of selling or attempting to sell EBT cards, based on legislative amendments to Florida Statute § 414.39(2)
• Ervin J. Lewis v. State
  211 So. 3d 279· Fla. 1st DCA· 2017-02-07
  The Florida First District Court of Appeal reversed Lewis's conviction for battery within a detention facility due to the trial court's failure to instruct the jury on the lesser-included offense of simple battery, following binding precedent despite recognizing the rule creates
• V. I.D. No. 1602007591 Imeir Murray
  Del. Super. Ct.· 2017-01-11
  The court held that the defendant's motion to dismiss the charges of possession of a firearm by a person prohibited and possession of marijuana should be denied. The court found that the plain language of the statute prohibiting simultaneous possession of a firearm and a controll
• Taylor v. State
  205 So. 3d 866· Fla. 4th DCA· 2016-11-30
  Florida appellate court affirmed Taylor's domestic battery by strangulation conviction but reversed his simple battery conviction as duplicative under double jeopardy principles, since the strangulation charge subsumed the simple battery elements from the same choking act.
• Elsberry v. State
  201 So. 3d 1266· Fla. 1st DCA· 2016-10-26
• Lambert v. State
  200 So. 3d 1295· Fla. 2d DCA· 2016-10-05
  Cecil Lambert was convicted of two counts of improper exhibition of a dangerous weapon and one count of carrying a concealed firearm. The appellate court affirmed the concealed firearm conviction but reversed one improper exhibition conviction, finding that displaying a firearm m
• Escobar-Mazariegos v. State
  199 So. 3d 495· Fla. 3d DCA· 2016-08-31
• Mills v. State
  196 So. 3d 571· Fla. 5th DCA· 2016-07-29
  Appellant's convictions for soliciting a minor using a computer device and unlawful use of a two-way communications device were reversed as violating double jeopardy principles because their elements were subsumed within the traveling to meet a minor offense.
• Demarquarius Deonte Truitt v. State
  194 So. 3d 586· Fla. 1st DCA· 2016-07-20
• Griffis v. State
  193 So. 3d 1090· Fla. 1st DCA· 2016-06-21
• HO Yeaon SEO v. State
  193 So. 3d 1087· Fla. 1st DCA· 2016-06-17
  On remand from the Florida Supreme Court following State v. Shelley, the court vacated the appellant's conviction for unlawful use of computer service to solicit a minor under section 847.0135(3)(a) as a lesser included offense, while affirming the conviction for traveling to mee
• Cantrell v. State
  192 So. 3d 1278· Fla. 1st DCA· 2016-06-13
• Dobrowolski v. State
  192 So. 3d 708· Fla. 5th DCA· 2016-06-03
• State v. Brice
  192 So. 3d 692· Fla. 2d DCA· 2016-06-03
  Florida appeals the dismissal of a firearm possession charge against Frank Brice based on collateral estoppel, arguing that the jury's acquittal on related firearm charges does not necessarily preclude prosecution on the severed count. The court reverses, holding that collateral
• MacIas v. State
  190 So. 3d 687· Fla. 4th DCA· 2016-05-04
  Jose Macias was convicted by jury of lewd or lascivious battery, lewd or lascivious molestation, kidnapping, and burglary with assault or battery. The trial court held the molestation conviction in abeyance while sentencing him on the other counts. The appellate court affirmed mo
• Williams v. State
  184 So. 3d 623· Fla. 3d DCA· 2016-02-03
  Anthony Williams was convicted of cocaine possession after drugs were found in a vehicle he was a passenger in. The Florida appellate court reversed his conviction because the trial court gave a misleading and incomplete jury instruction in response to a jury question, mischaract
• Ready v. State
  183 So. 3d 1234· Fla. 4th DCA· 2016-01-20
  Kirk Ready was convicted of four counts arising from soliciting a minor over the internet, including solicitation under section 847.0135(3)(a) and traveling to meet a minor under section 847.0135(4)(a). The Fourth District Court of Appeal reversed his conviction on count one (sol
• State v. Ortamadruga
  180 So. 3d 1184· Fla. 3d DCA· 2015-12-09
  A landlord who leases a portion of his home to another, respects the tenant's privacy by not entering the leased area, and leaves personal items there without establishing a reasonable expectation of privacy, lacks standing to contest a search of that leased portion.
• Heriberto Tosado v. State
  175 So. 3d 935· Fla. 5th DCA· 2015-10-09
  Appellant's conviction for driving without a valid license was vacated as a lesser included offense of driving with a suspended license, violating double jeopardy principles, while other convictions were affirmed.
• Ebron v. State
  213 So. 3d 956· Fla. 1st DCA· 2015-09-30
  Marcus Ebron was convicted of attempted voluntary manslaughter by act after being charged with attempted second-degree murder. The appellate court affirmed his conviction despite a faulty jury instruction on the "intent to kill" element, finding that the error did not constitute