Lesser Included Offense

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

• Martinez v. State
  69 So. 3d 1062· Fla. 3d DCA· 2011-09-21
  Ricardo Martinez appeals his conviction for improper exhibition of a weapon, arguing that a jury instruction containing erroneous language (using "aggravated assault" instead of "improper exhibition of a weapon") constituted fundamental error that nullified his defense-of-others
• K.D. v. State
  69 So. 3d 1020· Fla. 3d DCA· 2011-09-14
  K.D., a juvenile, was adjudicated delinquent for trespass in a conveyance as a lesser included offense of grand theft. The appellate court reversed, holding that the charging document failed to allege an essential element of trespass in a conveyance—that K.D. willfully entered or
• Archy
  Del.· 2011-09-08
  The Delaware Supreme Court affirmed the Superior Court's denial of the appellant's motion for postconviction relief. The court found that the appellant failed to demonstrate that his trial counsel's representation fell below an objective standard of reasonableness or that any all
• Wallace v. State
  66 So. 3d 1086· Fla. 3d DCA· 2011-08-17
  The court held that the evidence did not prove strong-arm robbery but did establish guilt of battery, a permissive lesser included offense.
• Barrueta v. State
  62 So. 3d 1256· Fla. 4th DCA· 2011-06-15
  Rolando Barrueta appeals his probation revocation and convictions for trafficking and conspiracy to traffic cocaine. The appellate court affirmed the revocation and Count I conviction but reversed the Count II conviction because the probation violation warrant did not allege a vi
• Cherie Yoder v. State
  62 So. 3d 1183· Fla. 2d DCA· 2011-06-03
  Cherie Yoder appeals her convictions for grand theft in the second degree and obtaining money from a pawnbroker by fraud. The Florida appellate court affirms her convictions and sentences but remands for correction of clerical errors in the written judgment and sentencing documen
• Cardonne v. State
  61 So. 3d 1291· Fla. 3d DCA· 2011-06-01
• Thomas v. State
  59 So. 3d 298· Fla. 5th DCA· 2011-04-15
• J.L. v. State
  57 So. 3d 924· Fla. 5th DCA· 2011-03-25
  The court held that the evidence was insufficient to prove the area from which property was stolen constituted curtilage for burglary purposes, but was sufficient to prove trespass.
• De'Javar Cashe Davis v. State
  56 So. 3d 128· Fla. 5th DCA· 2011-03-11
  Davis appeals his convictions for second-degree murder and burglary. The trial court erroneously instructed the jury on the lesser included offense of manslaughter by act using an outdated instruction that failed to include the required language that the defendant need only inten
• State v. Garner
  54 So. 3d 1046· Fla. 2d DCA· 2011-02-16
  The State appealed after a trial court granted a defendant's motion for judgment of acquittal following conviction of a lesser-included offense (resisting arrest without violence). The court held that by requesting a lesser-included offense instruction, the defendant waived the r
• Bailey v. State
  133 So. 3d 945· Fla. 1st DCA· 2011-01-28
  Curtis Bailey was convicted of two counts of attempted first-degree murder and three counts of attempted second-degree murder. On appeal, Bailey challenged the jury instructions for the lesser-included offense of attempted second-degree murder as containing the same fundamental e
• Mathis v. State
  53 So. 3d 1089· Fla. 1st DCA· 2011-01-06
  The court held that a conviction for possession of a firearm by a convicted felon is barred by double jeopardy when it arises from the same incident as possession of a firearm by a violent career criminal, as the former is a lesser-included offense of the latter. The court also h
• Mendoza v. State
  50 So. 3d 784· Fla. 3d DCA· 2010-12-29
• Tyson L. Preston v. State
  52 So. 3d 7· Fla. 5th DCA· 2010-12-03
  Preston petitions for review alleging ineffective assistance of appellate counsel in his burglary conviction. The court denies the petition and orders Preston to show cause why sanctions should not be imposed for filing a frivolous collateral proceeding.
• Alden Benjamin White v. State
  42 So. 3d 921· Fla. 4th DCA· 2010-08-25
  Alden White appeals his conviction for second-degree murder and attempted second-degree murder following a drive-by shooting. The appellate court reversed his second-degree murder conviction and remanded for a new trial due to a fundamental error in the jury instruction on the le
• Dickens v. State of Del.
  Del.· 2010-07-23
  The Delaware Supreme Court affirmed the Superior Court's judgment in most respects but remanded the case for correction of the sentencing order. The Court found no merit to the defendant's claims regarding lesser included offenses, self-defense, causation, juror impartiality, mis
• Benayer v. State
  40 So. 3d 860· Fla. 4th DCA· 2010-07-14
  Marc Benayer appeals his conviction for first-degree murder and related firearm offenses stemming from a shooting at a temple in Boca Raton. The appellate court affirmed his conviction, rejecting claims that the trial court erred in competency findings, jury selection questioning
• Mickey M. Canavan v. State
  38 So. 3d 885· Fla. 2d DCA· 2010-06-30
  The court held that the State failed to prove the defendant had knowledge of the final injunction, which is a required element for aggravated stalking.
• Mantilla v. State
  38 So. 3d 196· Fla. 3d DCA· 2010-06-09
  Ivan Mantilla was convicted of simple possession of cannabis despite being acquitted of trafficking and all greater-quantity possession charges. The Florida Third District Court of Appeal reversed, finding the verdicts were truly inconsistent because the acquittal on trafficking
• Johnson v. State
  34 So. 3d 249· Fla. 2d DCA· 2010-05-14
  Florida appellate court reversed a second-degree murder conviction because the trial court's standard jury instruction on manslaughter by act constituted fundamental error under State v. Montgomery, which held the instruction incorrectly stated the mental state required for that
• In & for New Castle Cnty.
  Del. Super. Ct.· 2010-04-16
  The Delaware Superior Court denied Kevin Oropeza's motion for postconviction relief. The court found that Oropeza's claims were procedurally barred by the statute of limitations. Even if the claims were considered on their merits, the court determined that the recent case law upo
• Bandy Felix Boggs v. State
  27 So. 3d 246· Fla. 2d DCA· 2010-02-19
• Jackson v. State
  26 So. 3d 642· Fla. 4th DCA· 2010-01-20
  The court held that a trial court errs in instructing the jury on attempted burglary when the evidence only supports a completed burglary or trespass, as per Fla. R. Crim. P. 3.510.
• Johnson v. State
  24 So. 3d 1283· Fla. 5th DCA· 2010-01-08
  The court held that the trial court erred in denying a jury instruction on a lesser included offense and that detective testimony constituted improper bolstering.
• Langlais v. State
  24 So. 3d 766· Fla. 4th DCA· 2009-12-30
  The court held that the judgment and sentence must be corrected to reflect the plea to the lesser offense of Driving While License Suspended, a misdemeanor, rather than the felony of Driving While License Revoked.
• Catalino Burgos, Jr. v. State
  32 So. 3d 130· Fla. 2d DCA· 2009-12-18
• Rodriguez-Lara v. State
  18 So. 3d 1194· Fla. 4th DCA· 2009-09-30
  Gabriel Rodriguez-Lara appealed the denial of his Rule 3.850 motion for postconviction relief without an evidentiary hearing. The Florida Fourth District reversed and remanded on three grounds alleging ineffective assistance of counsel (failure to call girlfriend as witness, fail
• Harrison v. State
  15 So. 3d 916· Fla. 1st DCA· 2009-08-06
  Joseph Harrison challenges his conviction for attempted lewd and lascivious molestation, arguing the trial court erred by instructing the jury on attempt when the evidence proved either the completed crime or no crime at all. The court agreed, finding the attempt instruction impr
• A.D. v. State
  15 So. 3d 831· Fla. 2d DCA· 2009-07-24
  A.D. was charged with felony child abuse in juvenile court, but after the trial court granted her motion for judgment of acquittal on that charge, it found her guilty of the lesser-included offense of contributing to the delinquency or dependency of a child. The appellate court r
• Dickerson
  Del.· 2009-06-19
  The Delaware Supreme Court affirmed the Superior Court's judgments of conviction. The court held that the defendant's voluntary departure from his trailer with a concealed weapon removed him from any potential "home possession" exception to the concealed carry statute. Furthermor
• Avila v. State
  9 So. 3d 778· Fla. 2d DCA· 2009-06-05
  Appellant's conviction for both burglary with battery and battery violated double jeopardy protections where only a single battery occurred, requiring reversal and remand for reconsideration.
• Herrington v. State
  13 So. 3d 106· Fla. 4th DCA· 2009-05-20
  Stephen Herrington appealed an order denying his Rule 3.800(a) motion to correct an allegedly illegal sentence. The core issue involved conflicting written judgments regarding whether Herrington was convicted of burglary (conveyance) or burglary (dwelling) for Count III, which af
• Weber
  Del.· 2009-04-22
  The Delaware Supreme Court affirmed in part and reversed in part the Superior Court's judgment. The Court reversed the conviction for Attempted First Degree Robbery, finding that the trial judge erred by refusing to instruct the jury on the lesser included offense of Offensive To
• Aquino v. State
  4 So. 3d 40· Fla. 5th DCA· 2009-02-13
• Quezada v. State
  992 So. 2d 916· Fla. 4th DCA· 2008-10-29
• Hills v. State
  994 So. 2d 412· Fla. 3d DCA· 2008-10-22
  Bernard Hills appeals his conviction for burglary and petit theft, challenging the validity of the jury verdict form. The appellate court reversed and remanded for a new trial, finding that the verdict form lacked a clear "not guilty" option for the burglary charge, creating ambi
• COX v. State
  988 So. 2d 1236· Fla. 5th DCA· 2008-08-22
  Edwin Cox was charged with aggravated battery on a pregnant person but convicted of the lesser offense of simple battery. The trial court then allowed the State to present evidence of Cox's prior battery conviction, enhancing the charge to felony battery. The appellate court affi
• Gardner v. State
  987 So. 2d 202· Fla. 4th DCA· 2008-07-23
  John Gardner was charged with dealing in stolen property after selling items he knew were stolen to a pawn shop. He appealed the trial court's refusal to instruct the jury on the lesser included offenses of grand theft and petit theft, arguing the court erred. The appellate court
• Cunniff v. State
  986 So. 2d 656· Fla. 2d DCA· 2008-07-09
  The court held that appellate counsel's failure to argue fundamental error based on a prior controlling case constituted ineffective assistance of appellate counsel.
• Winer
  Del.· 2008-06-10
  The Superior Court did not err in denying the defendant's motion for a judgment of acquittal, as sufficient circumstantial evidence existed for a rational trier of fact to conclude beyond a reasonable doubt that the defendant intentionally started the fire. Furthermore, the court
• Carrin v. State
  980 So. 2d 604· Fla. 1st DCA· 2008-05-05
  On remand from the Florida Supreme Court, the First District Court of Appeal reversed Raymond Carrin's conviction for aggravated assault on a law enforcement officer and remanded for a new trial on the lesser charge of culpable negligence, holding that section 924.34 cannot allow
• Sanchez-Toribio v. Sec'y, Fla. Dep't of Corr.
  557 F. Supp. 2d 1322· M.D. Fla.· 2008-03-31
  The court held that the petitioner's claim regarding jury instructions was procedurally defaulted and that his claim regarding the admissibility of his confession was not an unreasonable application of federal law.
• Hollingsworth v. State
  981 So. 2d 481· Fla. 1st DCA· 2008-02-13
• Quincy Willis v. State
  968 So. 2d 1061· Fla. 2d DCA· 2007-12-05
• United States v. Mays
  514 F. Supp. 2d 1298· M.D. Fla.· 2007-06-22
  The court held that simple assault under 18 U.S.C. § 113(a)(5) is a lesser included offense of abusive sexual contact under 18 U.S.C. § 2244(b) and (c), and therefore, conviction on the greater offense bars prosecution of the lesser offense due to double jeopardy.
• Torrence Whitaker v. State
  952 So. 2d 1258· Fla. 4th DCA· 2007-04-11
  Torrence Whitaker was convicted of improper exhibition of a firearm and possession of a firearm by a convicted felon after the trial court changed the jury instruction from "improper exhibition of a dangerous weapon" to "improper exhibition of a firearm." On appeal, Whitaker chal
• Guardiola v. State
  951 So. 2d 997· Fla. 2d DCA· 2007-03-16
  The court affirmed the conviction and sentence because the trial court did not err in failing to instruct the jury on excusable and justifiable homicide, nor in denying the Apprendi challenge to the sentence enhancement.
• Perkins
  Del.· 2007-02-26
  The Superior Court did not err in denying the motion for judgment of acquittal, as "reasonable medical certainty" and "reasonable medical probability" are interchangeable terms. The court also did not err in failing to issue sua sponte curative instructions for prosecutorial rema
• Vazquez v. State
  953 So. 2d 569· Fla. 4th DCA· 2007-02-14
  The court held that allowing the State to amend the aggravated stalking charge to include events for which the appellant had already been convicted violated the Double Jeopardy Clause.