Lesser Included Offense

3,837 Florida cases classified under this topic, plus 173 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Borello
  766 F.2d 46· 2d Cir.· 1985-06-12 ·cited 46×
  The court held that admitting a government witness's cooperation agreement into evidence on direct examination, before the witness's credibility was attacked, was improper and not harmless error.
• United States ex rel. Raymond Burke v. Greer
  756 F.2d 1295· 7th Cir.· 1985-03-13 ·cited 46×
  The court held that the prosecutor's repeated indirect references to the defendants' failure to testify were constitutionally impermissible and not harmless error, requiring a new trial.
• O'Brien v. State
  454 So. 2d 675· Fla. 5th DCA· 1984-07-26 ·cited 46×
  O'Brien appealed his convictions for conspiracy to traffic in cannabis, trafficking in cannabis, and unlawful possession of a firearm during a felony. The Fifth District Court of Appeal reversed and remanded, finding that the trial court abused its discretion by excluding all def
• Derwin Norris v. State
  429 So. 2d 688· Fla.· 1983-02-03 ·cited 46×
  Derwin Norris appealed his conviction for first-degree murder and death sentence for beating two elderly women during a burglary, one of whom died from her injuries. The Florida Supreme Court affirmed the convictions and the burglary sentence but vacated the death sentence, findi
• Sturdivan v. State
  419 So. 2d 300· Fla.· 1982-06-24 ·cited 46×
  Merle Sturdivan was convicted of first-degree murder and sentenced to death for a 1971 killing, but the Florida Supreme Court reversed and remanded for a new trial because the trial court erroneously refused to instruct the jury on lesser included offenses. The court held that th
• United States v. Crouthers
  669 F.2d 635· 10th Cir.· 1982-01-22 ·cited 46×
  The court held that the evidence was sufficient to show that the victim's life was in jeopardy and that a dangerous weapon was used in the robbery, and that any errors in jury instructions or discovery violations were harmless.
• Spaziano v. State
  393 So. 2d 1119· Fla.· 1981-01-08 ·cited 46×
  Joseph Spaziano was convicted of first-degree murder and sentenced to death by the trial judge despite the jury's recommendation of life imprisonment. The Florida Supreme Court affirmed the conviction but remanded for resentencing because the trial judge violated the defendant's
• United States v. Swiderski
  548 F.2d 445· 2d Cir.· 1977-02-01 ·cited 46×
  A transfer of a controlled substance between joint possessors who simultaneously acquired it for their own use does not constitute 'distribution' under 21 U.S.C. § 841(a)(1).
• United States v. Sterling Keith Rogers
  504 F.2d 1079· 5th Cir.· 1974-11-27 ·cited 46×
  The court affirmed the conviction but vacated the sentence, holding that a sentence cannot be increased based on a defendant's refusal to cooperate with authorities by implicating others.
• United States v. Bryant
  420 F.2d 1327· D.C. Cir.· 1969-12-11 ·cited 46×
  A conviction for assault with intent to commit rape must be reversed if the trial judge fails to instruct the jury on the necessity of corroborating the victim's testimony on the elements of the sex offense. However, a conviction for simple assault may stand.
• Turberville v. United States
  303 F.2d 411· D.C. Cir.· 1962-02-01 ·cited 46×
• State v. Harris
  136 So. 2d 633· Fla.· 1962-01-10 ·cited 46×
  The Florida Supreme Court held that the state has the constitutional right to seek certiorari review of adverse district court decisions in criminal cases, where a conflict of decisions exists, and determined that the district court erred by discharging Harris rather than directi
• Zeigler v. State
  18 So. 3d 1239· Fla. 2d DCA· 2009-10-09 ·cited 45×
  Merle Zeigler appealed her second-degree murder conviction, arguing the trial court committed fundamental error by giving the standard jury instruction on the lesser-included offense of manslaughter by act, which she claimed improperly added an intent-to-kill element. The Second
• Bradley v. State
  540 So. 2d 185· Fla. 5th DCA· 1989-03-16 ·cited 45×
  A defendant cannot be convicted of both burglary with battery and simple battery for the same factual event, as burglary with battery is a degree element that incorporates battery itself, violating double jeopardy protection against conviction for the same offense.
• United States v. Apodaca
  843 F.2d 421· 10th Cir.· 1988-04-01 ·cited 45×
  The court held that the evidence was sufficient to support the jury's finding that the defendant organized, supervised, or managed five or more persons for the Continuing Criminal Enterprise conviction. The court also held that admitting evidence of unindicted offenses did not co
• United States v. Campbell
  684 F.2d 141· D.C. Cir.· 1982-08-03 ·cited 45×
  The court affirmed the convictions, holding that the evidence was sufficient, evidentiary rulings were not prejudicial, jury instructions were not plainly erroneous, jury misconduct claims were unsubstantiated, and the sentencing judge properly considered acquitted conduct.
• Rozier v. State
  402 So. 2d 539· Fla. 5th DCA· 1981-08-19 ·cited 45×
  Michael Rozier was charged with burglary under Florida Statutes § 810.02(3) on two counts: one alleging entry with intent to commit theft, and another alleging stealthy entry without the owner's consent. The jury acquitted him on count 1 but convicted him on count 2. The Fifth Di
• Redondo v. State
  380 So. 2d 1107· Fla. 3d DCA· 1980-03-04 ·cited 45×
  Ricardo Redondo was convicted of simple battery and firearm possession after shooting a customer at a U-Totem store where he worked. The Florida appellate court reversed both convictions, holding that the trial court erred by refusing to instruct the jury that Redondo had no duty
• Hamrick v. State
  648 So. 2d 274· Fla. 4th DCA· 1995-01-04 ·cited 44×
  Darryl Hamrick was convicted of both strong-arm robbery and battery on a person 65 years or older. The Fourth District Court of Appeal affirmed the dual convictions, holding that the crimes contain unique statutory elements and do not violate double jeopardy, but reversed the res
• Wheeler v. State
  549 So. 2d 687· Fla. 1st DCA· 1989-08-16 ·cited 44×
  Larry Wheeler was convicted of both sale of cocaine and possession of cocaine with intent to sell under the same Florida statute. The First District Court of Appeal reversed, holding that the statutory structure of section 893.13(1)(a) demonstrates legislative intent to punish on
• United States v. Roman
  870 F.2d 65· 2d Cir.· 1989-03-13 ·cited 44×
  The court held that while the evidence was sufficient to convict Roman on most counts, his convictions for conspiracy and continuing criminal enterprise should have been merged, and the judgment should be corrected accordingly.
• Winford L. Stokes, Jr. v. Armontrout
  851 F.2d 1085· 8th Cir.· 1988-07-13 ·cited 44×
  The court held that the State was not obligated to renew its plea offer after the defendant repudiated it, and that the defendant's counsel's strategic decision not to pursue certain claims on appeal did not constitute ineffective assistance, thus affirming the denial of the habe
• United States v. Ditommaso
  817 F.2d 201· 2d Cir.· 1987-04-20 ·cited 44×
  The court affirmed convictions for conspiracy to import heroin and currency reporting violations, finding no merit in claims of speedy trial denial, prejudicial evidence, extradition violations, improper identification, or illegal sentencing.
• Magill v. State
  457 So. 2d 1367· Fla.· 1984-09-20 ·cited 44×
  Paul Magill appeals the denial of his Rule 3.850 post-conviction motion in a capital murder case. The Florida Supreme Court affirms the denial, finding no ineffective assistance of counsel and rejecting claims about the imposition of death penalty on a minor as not properly cogni
• United States v. Seijo
  537 F.2d 694· 2d Cir.· 1976-06-24 ·cited 44×
  The court held that the government was not collaterally estopped from offering proof of possession at the second trial, and that the sentencing claims were without merit.
• Johnson v. State
  314 So. 2d 248· Fla. 1st DCA· 1975-06-12 ·cited 44×
  Willie Johnson Jr. was convicted of second-degree murder and sentenced to life imprisonment for killing a victim in a knife altercation. The appellate court reversed the conviction based on two trial errors: the trial court's failure to instruct the jury on third-degree murder, a
• Gov't of the Virgin Islands v. Carmona
  422 F.2d 95· 3d Cir.· 1970-01-22 ·cited 44×
  The court held that the trial court erred by failing to instruct the jury on the essential element of specific intent for robbery and by refusing to instruct the jury on second-degree murder as a lesser included offense.
• Hand v. State
  199 So. 2d 100· Fla.· 1967-05-17 ·cited 44×
  The Florida Supreme Court held that trial courts must instruct juries on necessarily included lesser offenses when requested by defendants, even if the trial judge believes the evidence does not support a conviction on the lesser offense. This decision reversed prior appellate au
• McCOY v. United States
  363 F.2d 306· D.C. Cir.· 1966-06-09 ·cited 44×
  The court held that a judge must consider all evidence to determine if there is a factual basis for a guilty plea, not just an admission of guilt.
• United States v. Ciongoli
  358 F.2d 439· 3d Cir.· 1966-03-23 ·cited 44×
  The court held that the indictment should not have been dismissed because the defendant could be convicted of a lesser included offense, and the issue of market value for blank money orders was a question of proof for trial.
• Driscoll v. United States
  356 F.2d 324· 1st Cir.· 1966-01-31 ·cited 44×
  The court held that a lesser-included offense instruction is only required when there is a disputed factual element that would allow a jury to rationally find the elements of the lesser offense. The court also held that the Fifth Amendment privilege against self-incrimination doe
• Larson v. United States
  296 F.2d 80· 10th Cir.· 1961-11-14 ·cited 44×
  The court held that the failure to instruct the jury on a lesser included offense, when supported by evidence, constitutes reversible error.
• State v. Reardon
  763 So. 2d 418· Fla. 5th DCA· 2000-06-01 ·cited 43×
  The Fifth District Court of Appeal reversed its prior precedent in Crawford v. State and held that a defendant may be convicted of both aggravated battery and first-degree burglary arising from the same criminal episode without violating double jeopardy protections. The court rev
• State v. Johnson
  676 So. 2d 408· Fla.· 1996-04-04 ·cited 43×
  The Florida Supreme Court held that prosecution for aggravated stalking does not violate double jeopardy protections even when the defendant has already been prosecuted for contempt of court based on the same conduct. The court applied the Blockburger test, which focuses on wheth
• Irving v. State
  627 So. 2d 92· Fla. 3d DCA· 1993-11-23 ·cited 43×
  Charles Irving appeals his convictions for attempted second-degree murder with a firearm and unlawful possession of a firearm, and his habitual violent felony offender sentence. The court affirmed the convictions and sentence on the issues presented but remanded the unlawful poss
• State v. Barritt
  531 So. 2d 338· Fla.· 1988-09-29 ·cited 43×
  Reckless driving is not a required jury instruction when a defendant is charged with vehicular homicide and it is undisputed that a death occurred as a result of the accident.
• Fallada v. Dugger
  819 F.2d 1564· 11th Cir.· 1987-06-24 ·cited 43×
  The court held that the defendant's due process rights were not violated by the failure to hold an additional competency hearing during trial, the evidence was sufficient to support the robbery conviction, the prosecutor's comments did not deny a fair trial, and convictions for f
• United States v. Thornton
  746 F.2d 39· D.C. Cir.· 1984-10-12 ·cited 43×
  The court affirmed the conviction, holding that the trial court did not err in refusing a lesser included offense instruction and that the search was permissible under the Leon good faith exception.
• Morton v. State
  459 So. 2d 322· Fla. 3d DCA· 1984-06-26 ·cited 43×
  Eddie Morton was convicted of robbery despite the trial court's failure to instruct the jury on any elements of the crime. The Florida appellate court affirmed, holding that the omission of jury instructions on essential crime elements does not constitute fundamental error when n
• United States v. Lampley
  573 F.2d 783· 3d Cir.· 1978-02-10 ·cited 43×
  The court held that the appellant's convictions for repeated telephone calls, except for one count involving a different victim, were multiplicitous and should not stand.
• McKee v. State
  159 Fla. 794· Fla.· 1947-12-09 ·cited 43×
  Howard McKee was convicted of rape and sentenced to life imprisonment after a jury trial. The Florida Supreme Court affirmed the conviction, rejecting his arguments that the prosecutrix's testimony was incredible due to her delayed initial reporting and refusal of medical examina
• Blackmon v. State
  121 So. 3d 535· Fla.· 2013-08-29 ·cited 42×
  The Florida Supreme Court resolved a conflict among district courts regarding the proper remedy when a defendant is convicted of both theft and dealing in stolen property in violation of section 812.025, which prohibits dual convictions for these offenses committed in connection
• Riesel v. State
  48 So. 3d 885· Fla. 1st DCA· 2010-10-15 ·cited 42×
  Randy Riesel appeals his second-degree murder conviction and life sentence. The trial court erred by instructing the jury on manslaughter by intentional act in a manner that erroneously required proof of intent to kill, which is not an element of manslaughter. This fundamental er
• State v. Estevez
  753 So. 2d 1· Fla.· 1999-11-24 ·cited 42×
  The Florida Supreme Court held that a jury must make an express finding regarding the quantity of cocaine involved in a trafficking offense before a mandatory minimum sentence can be imposed, even when evidence of the quantity is uncontroverted. The court rejected the state's arg
• STANDARD JURY INSTRUCTIONS IN CRIM. CASES (95-1)
  657 So. 2d 1152· Fla.· 1995-07-13 ·cited 42×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions in Criminal Cases, including new instructions for stalking offenses, modifications to sexual battery instructions, and clarifications regarding impeachment evidence and crimes against law enforcement
• United States v. KIM
  884 F.2d 189· 5th Cir.· 1989-09-11 ·cited 42×
  The court held that the Kims' convictions for income tax evasion were supported by sufficient evidence and that the trial court did not err in its jury instructions or in refusing to instruct on lesser included offenses.
• Webster F. McKINNON v. State
  523 So. 2d 1238· Fla. 1st DCA· 1988-04-20 ·cited 42×
  The court held that the manslaughter conviction should be reclassified as a first-degree felony due to the jury's finding of weapon use, but the conviction for using a weapon during the commission of a felony must be reversed to avoid cumulative punishment for offenses with the s
• Green v. State
  475 So. 2d 235· Fla.· 1985-08-30 ·cited 42×
  Josh Green was convicted of second-degree murder after being charged with first-degree premeditated murder. The Florida Supreme Court held that while third-degree felony murder can be a permissive lesser included offense of first-degree premeditated murder under certain circumsta
• United States v. Steel
  759 F.2d 706· 9th Cir.· 1985-04-30 ·cited 42×
  The court held that the elimination of the death penalty also eliminated the right to a prosecution witness list under 18 U.S.C. § 3432, and that the district court did not abuse its discretion in denying other motions.
• United States v. Ambrose
  740 F.2d 505· 7th Cir.· 1984-07-17 ·cited 42×
  The court held that the district judge, when sentencing an aider and abettor of a drug kingpin, is not bound by the minimum sentence provisions of the kingpin statute, allowing for more proportionate sentencing.