Lesser Included Offense

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

• State v. Adams
  164 So. 3d 802· Fla. 1st DCA· 2015-06-08
  The State appealed a trial court's decision to grant a motion for judgment of acquittal notwithstanding the verdict and reduce the defendant's burglary conviction to trespass. The appellate court reversed, holding that sufficient evidence supported the jury's burglary conviction,
• Hutto v. State
  173 So. 3d 998· Fla. 2d DCA· 2015-05-22
  Charles Hutto was cited for violating a Pasco County ordinance prohibiting possession of synthetic marijuana, pleaded guilty, and paid a fine. The State then prosecuted him for possession of a controlled substance based on the same substance, and Hutto sought a writ of prohibitio
• Castillo v. State
  165 So. 3d 721· Fla. 4th DCA· 2015-05-20
  Luis Castillo appeals his convictions and consecutive life sentences for armed robbery and a resulting death. The Fourth District Court of Appeal affirmed, finding no reversible error in the trial court's failure to instruct the jury on robbery with a weapon as a lesser-included
• Rodriguez v. State
  162 So. 3d 1162· Fla. 5th DCA· 2015-04-24
  The court held that the trial court erred in summarily denying the defendant's claim of ineffective assistance of counsel regarding a potential double jeopardy violation.
• Collier v. State
  159 So. 3d 963· Fla. 2d DCA· 2015-03-13
  Samuel Collier appeals his conviction for aggravated assault with a deadly weapon, challenging the trial court's refusal to instruct the jury on the lesser-included offense of improper exhibition of a dangerous weapon. The appellate court agrees that the allegations in the chargi
• Foster v. State
  157 So. 3d 524· Fla. 1st DCA· 2015-02-16
• Kendal Pierre Cobb v. State
  156 So. 3d 581· Fla. 5th DCA· 2015-01-30
  Kendal Cobb appeals his conviction for lewd act upon a child under a statute that was amended to contain only definitions rather than substantive crimes. Both parties concede the charge was based on a non-existent crime, and the court holds that because no lesser offenses were su
• Marsaias Wade v. State
  153 So. 3d 970· Fla. 5th DCA· 2015-01-02
  Marsaias Wade appealed his convictions for conspiracy to commit robbery and attempted robbery with a firearm, arguing the trial court erred by refusing to instruct the jury on lesser-included offenses. The appellate court reversed and remanded for a new trial, finding both the er
• Silvers v. State
  150 So. 3d 847· Fla. 1st DCA· 2014-10-29
  Alexander James Silvers was convicted of three counts of battery arising from multiple non-consensual sexual acts against the same victim in a single 10-minute criminal episode. The Florida First District Court of Appeal reversed two of the three battery convictions, holding that
• Demond L. Corbin v. State
  147 So. 3d 626· Fla. 5th DCA· 2014-09-12
  Demond Corbin was convicted of manslaughter and armed robbery after being acquitted of felony murder during an armed robbery in which another person shot and killed the victim. The court affirmed, holding that inconsistent jury verdicts are permissible in Florida because they may
• Dalvin Lorenzo Denson v. State
  143 So. 3d 1198· Fla. 1st DCA· 2014-08-18
  Dalvin Denson appeals consecutive mandatory minimum sentences totaling seventy-five years imposed under Florida Statute § 775.087(2)(d) for convictions arising from a shooting during a failed marijuana transaction. The First District affirms on the basis of controlling precedent
• Swatts v. State
  144 So. 3d 625· Fla. 4th DCA· 2014-08-06
  The court held that the defendant's trespass conviction must be reversed because the jury was presented with multiple factual theories for a single charge, denying the defendant a unanimous verdict.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2014-07-29
  The court denied all of the defendant's Rule 35 motions, finding them procedurally improper or substantively without merit. The court granted the defendant's request for appointment of counsel for his Rule 61 motion and stayed the pro se motion pending the filing of an amended mo
• Moore v. State
  143 So. 3d 468· Fla. 5th DCA· 2014-07-25
  The court held that the conviction for sexual battery of a helpless victim based on digital penetration was improper, but the conviction for vaginal intercourse was affirmed.
• McCLOUD v. State
  139 So. 3d 474· Fla. 5th DCA· 2014-05-30
• Houle v. State
  138 So. 3d 1096· Fla. 5th DCA· 2014-05-09
• Dukes v. State
  142 So. 3d 881· Fla. 5th DCA· 2014-04-17
• Tonshad Levon Culpepper v. State
  137 So. 3d 378· Fla.· 2014-04-17
  The Florida Supreme Court accepted jurisdiction over a certified conflict case involving whether a defendant can be convicted of both grand theft and dealing in stolen property for the same criminal scheme. The Court quashed the Second District's affirmance of the conviction dism
• Reuben Sloan v. State
  135 So. 3d 580· Fla. 1st DCA· 2014-04-14
  Reuben Sloan was convicted of aggravated battery with a deadly weapon after being denied jury instructions on justifiable use of both deadly and non-deadly force. The appellate court reversed because when the type of force used is not established as a matter of law (here, a baseb
• Francois v. State
  137 So. 3d 547· Fla. 4th DCA· 2014-04-09
  Court affirmed grand theft and organized scheme to defraud convictions on most issues but reversed grand theft convictions as lesser-included offenses violating double jeopardy, remanding for resentencing on organized scheme to defraud alone.
• Frederick v. State
  135 So. 3d 471· Fla. 5th DCA· 2014-03-21
• Ulrick Ajaree Watson v. State
  133 So. 3d 1120· Fla. 1st DCA· 2014-02-07
  The court affirmed Watson's aggravated assault conviction as to one victim but reversed as to the other due to insufficient evidence, remanding for entry of a lesser-included offense of improper exhibition of a firearm.
• R.M. v. State
  130 So. 3d 745· Fla. 3d DCA· 2014-01-22
  The appellate court reversed a juvenile's adjudication of delinquency for attempted battery, finding that the juvenile was not given adequate notice of the charge. The court held that spitting at his father after a fight concluded was a separate act not adequately covered by the
• Tluczek v. State
  130 So. 3d 730· Fla. 2d DCA· 2014-01-17
  Dennis Tluczek appeals his probation revocation and the resulting 270-day jail sentence for a second-degree misdemeanor trespass conviction. The court affirms the revocation despite acknowledging the sentence exceeds the statutory maximum of 60 days for second-degree misdemeanors
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2013-01
  126 So. 3d 248· Fla.· 2013-11-14
  The Florida Supreme Court authorized publication and use of a new standard jury instruction (8.21) for the crime of assault, battery, aggravated assault, or aggravated battery committed by a detainee against another detainee or visitor, pursuant to section 784.082, Florida Statut
• Jones v. State
  121 So. 3d 1164· Fla. 5th DCA· 2013-09-20
• Jarvis Haynes v. State
  121 So. 3d 1133· Fla. 5th DCA· 2013-08-30
• Moore v. State
  118 So. 3d 281· Fla. 5th DCA· 2013-07-26
  The court held that a jury instruction on attempted voluntary manslaughter constituted fundamental error because it improperly defined the required intent. The court affirmed the conviction for conspiracy to tamper with a witness.
• Hearns v. State
  117 So. 3d 454· Fla. 3d DCA· 2013-07-17
  The court held that the resentencing of the appellant as a habitual violent felony offender was contrary to prior mandates and vacated the judgment.
• Valdes-Pino v. State
  116 So. 3d 521· Fla. 3d DCA· 2013-06-12
  The court held that a defendant is entitled to a new trial when the jury received a faulty manslaughter instruction that erroneously imposed a requirement to find intent to kill.
• Kary Joseph Russell v. State
  114 So. 3d 419· Fla. 5th DCA· 2013-05-31
• Montealegre v. State
  109 So. 3d 1238· Fla. 5th DCA· 2013-03-28
• Ferrier v. State
  111 So. 3d 920· Fla. 1st DCA· 2013-03-18
  Court reversed convictions for attempted second degree murder (counts IX and X) because the trial court committed fundamental error by instructing the jury on the lesser included offense of attempted voluntary manslaughter, which is only one step removed from the charged offense.
• J.P. v. State
  111 So. 3d 198· Fla. 3d DCA· 2013-02-06
• Sicola v. State
  106 So. 3d 54· Fla. 2d DCA· 2013-02-01
  The court held that the jury instruction on manslaughter, as amended after State v. Montgomery, does not constitute fundamental error. The amended instruction correctly reflects the law regarding intent for manslaughter by intentional act.
• Riley v. State
  103 So. 3d 274· Fla. 1st DCA· 2012-12-27
  Eddie Riley appealed the trial court's denial of credit for time served on his original sentence when he was reconvicted of a lesser included offense after his initial conviction was vacated. The Florida First District Court of Appeal reversed, holding that constitutional double
• Cantlon v. State
  98 So. 3d 719· Fla. 2d DCA· 2012-10-05
  A sentence for reckless driving that exceeds the statutory maximum is illegal if it relies on facts not found by a jury beyond a reasonable doubt.
• In & for New Castle Cnty.
  Del. Super. Ct.· 2012-08-17
  The court denied the defendant's amended motion for postconviction relief, finding that his trial counsel's failure to request an accomplice level of liability jury instruction did not constitute ineffective assistance of counsel or a due process violation. The court reasoned tha
• Gillion Anthony Graham v. State
  89 So. 3d 1110· Fla. 4th DCA· 2012-06-13
  The court held that the trial court gave an erroneous jury instruction on manslaughter as a lesser included offense of second degree murder. The court also held that the trial court did not err in sustaining the state's objection to certain cross-examination.
• In & for Kent Cnty.
  Del. Super. Ct.· 2012-06-06
  The Court denied the defendant's Motion for Postconviction Relief, finding that most of his claims were barred by procedural rules and that he failed to demonstrate prejudice for the remaining claims, particularly those concerning ineffective assistance of counsel.
• United States v. Ocala Live Stock Mkt., Inc.
  673 F. App'x 13· M.D. Fla.· 2012-05-11
  The court granted the preliminary injunction, enjoining the defendants from operating as a market agency until administrative proceedings are resolved, finding they repeatedly operated while insolvent and violated custodial account regulations.
• Motor Vehicles v. Bender
  9th Cir. Ct. App. Div.· 2012-04-05
  Mark Sadowski sought certiorari review of the Department of Highway Safety and Motor Vehicles' permanent revocation of his driver's license based on four DUI convictions. The court denied his petition, holding that Michigan's Operating While Impaired convictions qualify as 'simil
• Jasper v. State
  86 So. 3d 531· Fla. 2d DCA· 2012-04-04
  The court held that the trial court did not commit fundamental error in its jury instructions regarding manslaughter by act and the definitions of justifiable and excusable homicide.
• Richards v. State
  84 So. 3d 1167· Fla. 1st DCA· 2012-04-02
  The court held that the jury instruction on manslaughter, while containing a potentially superfluous phrase, did not constitute fundamental error and properly allowed the jury to consider the lesser included offense.
• Long v. State
  83 So. 3d 980· Fla. 5th DCA· 2012-03-23
  The court held that the evidence was sufficient for a manslaughter conviction and affirmed the probation revocation.
• Black v. State
  95 So. 3d 884· Fla. 2d DCA· 2012-03-09
  Kevin Black was convicted of two counts of second-degree murder, one count of attempted second-degree murder, and one count of leaving the scene of an accident after deliberately driving his vehicle into pedestrians on a suicide mission. The appellate court affirmed all convictio
• Basil Burford v. State
  77 So. 3d 917· Fla. 4th DCA· 2012-01-25
  Basil Burford petitioned for a writ of habeas corpus claiming appellate counsel was ineffective for failing to raise fundamental error regarding a missing jury instruction on justifiable and excusable homicide in his manslaughter conviction. The court granted the petition, findin
• Johnson Jamerson v. State
  77 So. 3d 737· Fla. 3d DCA· 2011-11-23
  Johnson Jamerson was convicted of aggravated battery on a law enforcement officer (a lesser included offense) and resisting an officer with violence after biting a police officer while claiming to have AIDS. On appeal, Jamerson challenged the jury instruction on the lesser includ
• State v. Hargrett
  72 So. 3d 809· Fla. 4th DCA· 2011-11-02
  The Florida Fourth District Court of Appeal upheld the trial court's arrest of judgment after a jury returned verdicts finding Hargrett guilty of second-degree felony murder but not guilty of attempted armed burglary. The court held these verdicts were truly inconsistent because
• Catalino Burgos, Jr. v. State
  75 So. 3d 234· Fla.· 2011-10-27
  The court held that the district court's reliance on Zeigler was inconsistent with this Court's prior ruling in Montgomery, and that the erroneous jury instruction constituted fundamental reversible error.