Lesser Included Offense

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

• Spearing v. State
  947 So. 2d 1235· Fla. 1st DCA· 2007-01-30
  Guy Spearing appealed a trial court's denial of his motion challenging an allegedly erroneous sentencing scoresheet. The court reversed and remanded, holding that scoresheet calculation errors resulting in cell-level reductions cannot be deemed harmless without remanding for rese
• Damico v. State
  946 So. 2d 589· Fla. 4th DCA· 2006-12-20
  Steven Damico appeals his conviction for aggravated battery, a lesser included offense of attempted first degree murder with a firearms enhancement. The Fourth District affirmed, holding that aggravated battery is a permissive lesser included offense because it results in a lesse
• Armistar J. Cole v. State
  942 So. 2d 1010· Fla. 2d DCA· 2006-12-06
  Armistar Cole appeals his convictions for armed robbery and armed kidnapping. The court affirmed the armed robbery conviction but reversed the armed kidnapping conviction, finding the evidence legally insufficient under the Faison test, and remanded with instructions to enter a j
• Torrealba v. State
  947 So. 2d 493· Fla. 3d DCA· 2006-11-22
  Rosa Torrealba appealed the trial court's summary denial of her postconviction relief motion under Florida Rule of Criminal Procedure 3.850. The Florida District Court of Appeal, Third District, affirmed the denial on most claims but reversed and remanded on two specific points w
• Orett Kerr v. State
  937 So. 2d 1246· Fla. 3d DCA· 2006-09-27
  Orett Kerr appeals his convictions for attempted first-degree murder of a law enforcement officer (convicted as lesser included offense of aggravated assault) and resisting an officer with violence. The court affirmed the aggravated assault conviction despite an information defic
• Ornis v. State
  932 So. 2d 648· Fla. 4th DCA· 2006-07-12
  Johnny Ornis was convicted of both simple battery and lewd and lascivious battery for a single incident of sexual assault. The Fourth District Court of Appeal held that double jeopardy prohibits convicting and sentencing a defendant on multiple offenses arising from the same cond
• Miller v. State
  932 So. 2d 626· Fla. 2d DCA· 2006-07-07
  The appellate court reversed a trial court's order imposing $14,000 in restitution against the defendant for convictions of armed burglary, shooting into a building, and discharging a firearm in public, finding the restitution order improper.
• Martinez v. State
  933 So. 2d 1155· Fla. 3d DCA· 2006-05-10
  Martinez was convicted of attempted first-degree premeditated murder and aggravated battery with a deadly weapon. The appellate court affirmed his conviction, holding that an erroneous jury instruction on justifiable use of deadly force did not constitute fundamental error becaus
• Arique Dross, Jr. v. State
  915 So. 2d 203· Fla. 5th DCA· 2005-10-21
  Inconsistent jury verdicts in criminal cases are generally permissible in Florida, absent an acquittal on one count that negates a necessary element for conviction on another count.
• Viglione v. State
  906 So. 2d 1158· Fla. 5th DCA· 2005-06-24
  Viglione was convicted of kidnapping, false imprisonment, sexual battery, and aggravated battery. On appeal of a summary denial of post-conviction relief, the court affirmed most grounds but reversed the denial regarding a double jeopardy claim, holding that false imprisonment is
• Opious Robinson v. State
  901 So. 2d 1027· Fla. 4th DCA· 2005-05-25
  Robinson appealed his convictions for possession of cocaine, arguing that being convicted of both trafficking possession and simple possession of the same cocaine violated his double jeopardy rights. The court agreed, reversing the simple possession conviction while affirming oth
• Paul v. State
  912 So. 2d 8· Fla. 4th DCA· 2005-03-30
  Steve Paul appeals convictions for four counts of lewd or lascivious acts against a thirteen-year-old victim, challenging whether multiple convictions arising from a single series of events violate double jeopardy protections. The Fourth District holds that while Paul may be conv
• Prince v. State
  889 So. 2d 976· Fla. 4th DCA· 2004-12-22
  The court held that a claim of ineffective assistance of counsel based on a concession to a lesser included offense is generally not reviewable on direct appeal unless both deficient performance and prejudice are apparent on the face of the record.
• Perkins v. State
  889 So. 2d 144· Fla. 1st DCA· 2004-12-03
• White v. State
  886 So. 2d 286· Fla. 1st DCA· 2004-11-10
  Otis White appeals the denial of his motion to correct a sentencing error, claiming he pleaded guilty to robbery without a firearm but was sentenced for robbery with a firearm. The appellate court reverses and remands for an evidentiary hearing because the motion raises factual q
• In & for New Castle Cnty.
  Del. Super. Ct.· 2004-10-29
  The court denied the defendants' motions for judgment of acquittal or a new trial. The court found that the jury's verdicts were not inconsistent and that the prosecutor's remark, while inappropriate, did not prejudicially affect the substantial rights of the accused due to overw
• In & for New Castle Cnty.
  Del. Super. Ct.· 2004-10-29
  The court denied the defendants' motions for judgment of acquittal or a new trial. The court found that the jury's verdicts were not inconsistent and that the prosecutor's remark, while inappropriate, did not prejudicially affect the substantial rights of the accused, especially
• State of Del. v. Walls
  Del. Super. Ct.· 2004-08-22
  The court denied the defendant's motions for postconviction relief, finding that most claims were procedurally barred and that the remaining claims lacked merit. The court determined that the defendant's due process rights were not violated, his sentence was not cruel and unusual
• Bryon Jordon Wilson, Jr. v. State
  874 So. 2d 1271· Fla. 1st DCA· 2004-06-14
• Bruton v. State
  875 So. 2d 1255· Fla. 4th DCA· 2004-06-02
  Melinda Bruton appeals the denial of her postconviction motion for relief, arguing her trial counsel was ineffective for failing to move to dismiss a grand theft charge that was a necessarily lesser included offense of an exploitation of an elderly person charge. The court agrees
• Livar v. State
  873 So. 2d 544· Fla. 2d DCA· 2004-05-21
  The court held that petit theft is not a proper lesser included offense of grand theft of an automobile, and the trial court erred in so instructing the jury.
• Wylie M. Vickery v. State
  869 So. 2d 623· Fla. 5th DCA· 2004-03-19
  Wylie Vickery appealed the summary denial of his postconviction motion for ineffective assistance of counsel, arguing his trial counsel failed to request a jury instruction on the lesser included offense of simple battery. The Fifth District reversed and remanded, finding that th
• Jarreau Ayers
  Del.· 2004-03-12
  The Delaware Supreme Court affirmed the judgments of the Superior Court, holding that the trial judge properly instructed the jury on accomplice liability, did not err in denying a specific unanimity instruction, correctly refused to instruct the jury on assault as a lesser-inclu
• Fletcher v. State
  866 So. 2d 113· Fla. 3d DCA· 2004-02-11
  Omar Fletcher's conviction for burglary of a dwelling was reversed because the jury verdict failed to affirmatively find that the burglary was of a dwelling rather than merely a structure. The appellate court held that under Apprendi v. New Jersey, a specific jury finding is requ
• Dunn v. State
  864 So. 2d 1235· Fla. 1st DCA· 2004-01-29
• Lester v. State
  863 So. 2d 409· Fla. 4th DCA· 2003-12-31
  Lester was convicted of robbery after snatching a purse from a victim on the street. He appealed arguing the incident lacked sufficient force or victim resistance to constitute robbery rather than theft, but the court affirmed, holding that the perpetrator's use of force exceedin
• Johnson v. State
  855 So. 2d 1157· Fla. 4th DCA· 2003-09-24
  Glenn Johnson appeals a trial court's denial of his rule 3.850 post-conviction motion claiming ineffective assistance of counsel for failing to request a jury instruction on the lesser included offense of resisting a merchant in his strong-arm robbery prosecution. The court affir
• Green v. State
  850 So. 2d 597· Fla. 4th DCA· 2003-07-02
  Requiring a defendant to be shackled during trial without record support is reversible error. Additionally, a jury may be instructed on an attempt charge even if the evidence supports a completed offense, provided there is not a total lack of evidence for the attempt.
• Youmans v. State
  846 So. 2d 670· Fla. 4th DCA· 2003-06-04
  Alfonso Youmans was convicted of aggravated manslaughter and aggravated child abuse in the death of his girlfriend's 20-month-old son. The Fourth District Court of Appeal affirmed the manslaughter conviction but reversed the aggravated child abuse conviction, holding that the tri
• Horne v. State
  846 So. 2d 646· Fla. 2d DCA· 2003-05-30
  Robert Horne was convicted of two counts of sexual battery and one count of committing a lewd and lascivious act in the presence of his minor son. The appellate court reversed the sexual battery convictions because the trial court improperly instructed the jury on a lesser-includ
• Keller v. State
  846 So. 2d 631· Fla. 4th DCA· 2003-05-28
  Earl Keller appeals the summary denial of his postconviction relief motion, claiming his counsel was ineffective for failing to advise him that his convictions for carjacking and grand theft of the same vehicle violated double jeopardy. The court reverses the summary denial as to
• Armond Black v. State
  842 So. 2d 972· Fla. 5th DCA· 2003-04-11
  The court held that commingling of alleged cocaine by the state's chemist before testing does not preclude a conviction for possession if the defendant possessed the substance at any point.
• C.R.C. v. State
  842 So. 2d 235· Fla. 2d DCA· 2003-04-09
  A juvenile was charged with battery on a school board employee but the trial judge found him delinquent for the lesser offense of disorderly conduct instead. The appellate court reversed, holding that disorderly conduct is not a lesser-included offense of battery and that convict
• Pignataro v. State
  834 So. 2d 965· Fla. 2d DCA· 2003-01-24
  Philip Pignataro was convicted of attempted second-degree murder for stabbing his ex-wife's boyfriend. The court reversed his conviction because the trial court committed fundamental error by failing to read jury instructions on justifiable and excusable homicide, despite the def
• Jackson v. State
  838 So. 2d 594· Fla. 5th DCA· 2003-01-24
  The court held that the defendant's claims were not properly the subject of a writ of error coram nobis and were procedurally barred. The court also found that changes in law regarding jury instructions could not be retroactively applied to his final conviction.
• Price v. United States
  537 U.S. 1152· U.S.· 2003-01-21
• State v. Mark Marks, P.A.
  833 So. 2d 249· Fla. 4th DCA· 2002-12-26
  The Florida Fourth District Court of Appeal held that the statutory recantation defense under Florida Statute § 837.07 applies to defendants charged as principals in the perjury of another, requiring dismissal of perjury charges when the actual perjurer recants his testimony befo
• Fedell Tobias Nichols v. State
  834 So. 2d 895· Fla. 1st DCA· 2002-12-19
• Bermudez v. State
  831 So. 2d 789· Fla. 5th DCA· 2002-12-06
  Defendant's dual convictions for robbery and grand theft arising from a single taking of $5,000 violated double jeopardy; the grand theft conviction was vacated while the robbery conviction was affirmed.
• Mitchell v. State
  830 So. 2d 944· Fla. 5th DCA· 2002-11-22
  Mitchell was convicted of attempted second-degree murder and attempted felony murder arising from a single shooting during a robbery attempt. The court held that dual convictions for these offenses violate double jeopardy principles because they are degree variants of the same co
• Hires v. State
  823 So. 2d 869· Fla. 5th DCA· 2002-08-23
• Henig v. State
  820 So. 2d 1037· Fla. 4th DCA· 2002-07-10
  Henig was convicted of trespass with a human being present after being charged with burglary. The appellate court reversed and remanded because the trial court erroneously refused to instruct the jury on the lesser-included offense of simple trespass, which was supported by the c
• Brown v. State
  818 So. 2d 652· Fla. 3d DCA· 2002-06-12
  Bernard E. Brown appeals his conviction for attempted first-degree murder, carrying a concealed weapon, and violating a domestic violence injunction. The appellate court affirmed, rejecting Brown's challenges to juror qualification, jury instructions on Williams Rule evidence, an
• Thomas v. State
  820 So. 2d 382· Fla. 2d DCA· 2002-05-29
  Kelly Thomas appealed her DUI convictions, challenging the trial court's denial of her motion to suppress blood alcohol test results obtained from medical records and her motion for judgment of acquittal on the serious bodily injury charge. The court affirmed both convictions, fi
• Gruver v. State
  816 So. 2d 835· Fla. 5th DCA· 2002-05-24
  The court held that the defendant's consent to enter the home for a limited purpose (using the bathroom) did not extend to other areas of the home, thus supporting a conviction for trespass.
• State v. Moore
  814 So. 2d 1127· Fla. 2d DCA· 2002-04-05
  The State appeals the trial court's discharge of James Moore after his conviction for felon in possession of a firearm by a violent career criminal was vacated due to the statute's unconstitutionality. The appellate court affirms the discharge, holding that under Florida Supreme
• Danni Comacho v. State
  813 So. 2d 198· Fla. 2d DCA· 2002-03-27
  Appellate court reversed and remanded for evidentiary hearing on ineffective assistance of counsel claim where trial counsel failed to object to trial court's refusal to instruct jury on lesser-included offense of heroin trafficking.
• Geffkin v. State
  820 So. 2d 331· Fla. 4th DCA· 2002-02-27
  Thomas Geffkin was convicted of aggravated assault with a firearm against an eleven-year-old child after confronting two boys he believed were trespassing at his apartment complex. On appeal, Geffkin challenged the sufficiency of evidence, claiming he acted in self-defense, but t
• In & for New Castle Cnty.
  Del. Super. Ct.· 2001-12-14
  The court granted the defendant's motion for postconviction relief, finding that her trial counsel provided ineffective assistance. The conviction was vacated, and a new trial was ordered.
• Williams v. State
  799 So. 2d 444· Fla. 1st DCA· 2001-11-16