Lesser Included Offense

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

• Shaunte Collins v. State
  795 So. 2d 1066· Fla. 4th DCA· 2001-09-19
  The appellate court reversed the summary denial of a Rule 3.850 motion for post-conviction relief, finding that the defendant's speedy trial ineffective assistance claim was legally sufficient to warrant an evidentiary hearing, while affirming the denial of the concession-of-guil
• McKOWEN v. State
  792 So. 2d 1251· Fla. 5th DCA· 2001-08-31
  McKowen appeals his conviction for attempted second degree murder and battery on a law enforcement officer arising from a single incident. The court affirms his conviction, rejecting his argument that attempted second degree murder is a non-existent crime and that the two convict
• Antonyo Wilborn v. State
  784 So. 2d 1228· Fla. 2d DCA· 2001-04-25
  Appellant's burglary conviction reversed because his brief refuge on a neighbor's open, partially-screened porch while fleeing police constitutes trespass, not burglary of a dwelling, and the evidence does not support the greater offense.
• Wright v. State
  784 So. 2d 528· Fla. 3d DCA· 2001-04-25
  Sam Wright was convicted of carrying a concealed firearm, resisting an officer with violence, and unlawful possession of a firearm by a violent career criminal. The court reversed his conviction for unlawful possession of a firearm because the underlying statute was held unconsti
• Suarez v. State
  779 So. 2d 665· Fla. 3d DCA· 2001-03-21
• Grant v. State
  783 So. 2d 1120· Fla. 1st DCA· 2001-03-19
  A trial judge cannot add points for sexual contact to a sentencing scoresheet when the jury's verdict, by convicting the defendant of a lesser-included offense, implicitly found that no sexual contact occurred.
• Giles Levesque v. State
  778 So. 2d 1049· Fla. 4th DCA· 2001-02-14
  Giles Levesque was charged with second degree murder but convicted of aggravated battery after a jury trial. The Fourth District Court of Appeal reversed his conviction, holding that the trial court erred in instructing the jury on aggravated battery as a lesser included offense
• Jasper Brown v. State
  777 So. 2d 1083· Fla. 4th DCA· 2001-01-17
  Jasper Brown appealed his second degree murder conviction, challenging the trial court's use of a dictionary definition to explain 'depraved mind' to the jury and contesting the sufficiency of evidence. The Fourth District Court of Appeal affirmed the conviction, finding no funda
• Cleveland v. State
  773 So. 2d 1205· Fla. 3d DCA· 2000-12-06
  The court held that the trial court erred in refusing to instruct the jury on Petit Theft, a lesser included offense of Grand Theft.
• Venice Devon Wilson v. State
  769 So. 2d 1150· Fla. 5th DCA· 2000-11-09
  In this Anders appeal, the Florida Fifth District Court of Appeal reviewed Venice Devon Wilson's drug convictions arising from a single March 1999 incident. The court affirmed convictions for trafficking in cocaine and possession of cocaine with intent to sell/deliver within 1,00
• Fuller v. Becker & Poliakoff
  1995 WL 256262· M.D. Fla.· 2000-11-09
• Grubbs v. State
  769 So. 2d 503· Fla. 5th DCA· 2000-10-20
  Fred Grubbs appeals his convictions for burglary of a conveyance and criminal mischief arising from a single incident. The court affirms, rejecting his double jeopardy claim and holding that the trial court properly denied his motion for judgment of acquittal on the burglary char
• Rosado v. State
  766 So. 2d 1247· Fla. 5th DCA· 2000-09-26
• Golden v. State
  774 So. 2d 29· Fla. 2d DCA· 2000-09-20
  James Golden petitioned for a new appeal claiming ineffective assistance of appellate counsel for failing to challenge the trial court's denial of his motion for judgment of acquittal on count two. The appellate court found merit in this claim, determined that evidence was insuff
• Kellar v. State
  765 So. 2d 105· Fla. 1st DCA· 2000-06-01
  Richard Farris Kellar appeals a denial of postconviction relief based on ineffective assistance of counsel and double jeopardy violations. The court affirmed the trial court's rejection of the ineffective assistance claim but reversed and remanded for the trial court to address o
• St. Germain v. Isenhower
  98 F. Supp. 2d 1366· S.D. Fla.· 2000-05-30
  Claims brought under 42 U.S.C. § 1983 are dismissed because they would necessarily imply the invalidity of the plaintiff's convictions, which have not been overturned. The one claim not barred by Heck fails to state a claim upon which relief can be granted.
• Ellis v. State
  754 So. 2d 887· Fla. 5th DCA· 2000-04-14
  Florida appellate court reversed conviction for attempted sexual battery, holding that evidence of improper touching without direct evidence of intent to penetrate is insufficient to support the charge.
• Stewart v. State
  790 So. 2d 440· Fla. 1st DCA· 2000-03-21
  The court affirmed the conviction for armed robbery but reversed the order finding the Prison Releasee Reoffender Punishment Act unconstitutional.
• Designated pursuant to Art. IV
  Del.· 2000-03-17
  The Court declined to grant an immediate limited remand for an evidentiary hearing on allegations of judicial bias due to political ambition. Instead, the Court ordered that briefing on these issues be integrated into the existing appellate schedule, requiring supplemental briefs
• Apple v. State
  746 So. 2d 1259· Fla. 5th DCA· 2000-01-07
  Walter Apple III was convicted of vehicular homicide as a lesser included offense of DUI manslaughter, but the appellate court reversed because the information charging DUI manslaughter failed to allege the essential element that Apple operated his motorcycle in a reckless manner
• Colon v. State
  738 So. 2d 1023· Fla. 4th DCA· 1999-08-18
  The court held that convictions for DUI with serious bodily injury and property damage are affirmed, but a misdemeanor DUI conviction arising from the same incident is reversed as a lesser included offense.
• Sessler v. State
  740 So. 2d 587· Fla. 5th DCA· 1999-08-13
  Morris Sessler was convicted of both robbery with a firearm and grand theft of a firearm arising from a single taking of property from one victim. The court reversed the grand theft conviction, holding that robbery and grand theft are lesser-included offense variants of the same
• Michel Exantus v. State
  734 So. 2d 1176· Fla. 4th DCA· 1999-06-23
• Olea-Tejeda v. State
  732 So. 2d 429· Fla. 2d DCA· 1999-04-30
  The appellate court reversed a conviction for cocaine trafficking because the trial court improperly denied the defendant's request for a jury instruction on simple possession. This instruction is required under the doctrine of jury pardon, even when the quantity of drugs would o
• Jerod Brandon Powers v. State
  731 So. 2d 777· Fla. 2d DCA· 1999-04-14
• Harell v. State
  727 So. 2d 407· Fla. 5th DCA· 1999-03-12
• Jefferson v. State
  728 So. 2d 326· Fla. 3d DCA· 1999-03-10
  Jefferson appeals his convictions and sentences for sexual battery and kidnapping. The appellate court affirms the habitual offender sentence on the kidnapping count but vacates and remands the sentences on the sexual battery counts because the record is ambiguous about whether t
• Webb v. State
  724 So. 2d 646· Fla. 5th DCA· 1999-01-08
  The court affirmed a capital sexual battery conviction, holding that the trial judge properly refused jury instructions on lesser included offenses barred by the statute of limitations where the defendant failed to waive that defense.
• Duhart v. State
  724 So. 2d 1223· Fla. 1st DCA· 1998-12-31
  Henry Lewis Duhart challenges his convictions for burglary of a conveyance with assault and attempted carjacking as violating double-jeopardy protections under Florida law. The court affirms his convictions, holding that the attempted carjacking offense is not a necessarily lesse
• LaROCHE v. State
  761 So. 2d 335· Fla. 4th DCA· 1998-12-09
  Raymond and Lise LaRoche were charged with insurance fraud and grand theft for filing a false claim with State Farm for stolen musical equipment they never owned. The court vacated Raymond's insurance fraud conviction as violating double jeopardy principles, while affirming Lise'
• Manka v. State
  720 So. 2d 1109· Fla. 4th DCA· 1998-10-21
  The court held that a co-defendant's exculpatory statement was inadmissible hearsay and that the appellant waived the issue of a jury instruction on a lesser-included offense by failing to object. The court also affirmed the existence of the crime of attempted second-degree murde
• Jones v. State
  718 So. 2d 1286· Fla. 5th DCA· 1998-10-16
  Robert Jones appealed his conviction for lewd and lascivious assault on a child and related sentences. The court affirmed his convictions but vacated and remanded his sentences for 1990-1991 offenses because they exceeded the statutory maximum for third-degree felonies committed
• Eliot Acosta v. State
  716 So. 2d 857· Fla. 5th DCA· 1998-09-04
  The court held that a defendant cannot complain about a jury instruction they requested, especially when the evidence supports the charge.
• Greene v. State
  714 So. 2d 554· Fla. 2d DCA· 1998-06-26
  Stanley Greene was convicted of battery and attempted false imprisonment of two six-year-old girls. On appeal, Greene challenged the jury instruction on attempted false imprisonment as a lesser included offense and the trial court's upward departure sentence based on the victims'
• Scotty Alan Ladd v. State
  714 So. 2d 533· Fla. 1st DCA· 1998-06-15
  Scotty Alan Ladd was convicted of attempted interference with custody after the trial court instructed the jury on this lesser-included offense despite it carrying the same penalty as the charged offense. The appellate court reversed, holding that attempted interference with cust
• Brulfer v. State
  711 So. 2d 197· Fla. 5th DCA· 1998-05-15
  Jason Brulfer appealed his convictions for two counts of attempted aggravated assault against a law enforcement officer. The Florida Fifth District Court of Appeal affirmed both the conviction under the lesser-included offense doctrine and the trial judge's decision to give a cur
• Stepney v. State
  707 So. 2d 1192· Fla. 3d DCA· 1998-04-01
  Henry Stepney was convicted of burglary of an occupied structure and petit theft after taking toilet paper from a fenced yard. The Florida District Court of Appeal reversed the burglary conviction because the prosecution failed to present evidence that a structure as legally defi
• Perez v. State
  709 So. 2d 158· Fla. 5th DCA· 1998-03-27
  Ismael Berrios Perez appeals his drug trafficking convictions, challenging whether the trial court properly instructed the jury on lesser included offenses. The appellate court reverses and remands because the trial court erroneously refused to instruct the jury on conspiracy to
• Lycette v. State
  707 So. 2d 875· Fla. 4th DCA· 1998-03-04
  Donald Lycette appeals his convictions for burglary with battery and criminal mischief. The appellate court reversed his conviction and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on simple battery as a lesser included offense whe
• Manny Collins v. State
  707 So. 2d 821· Fla. 3d DCA· 1998-02-25
  Collins was convicted of second-degree murder and grand theft following a robbery and fatal traffic accident. The appellate court reversed the murder conviction because Collins's acquittal on the underlying robbery charge precluded a felony murder conviction, but affirmed the gra
• Lepak v. State
  707 So. 2d 805· Fla. 2d DCA· 1998-02-18
  Defendant's conviction for battery under the domestic violence statute was reversed as an ex post facto application because the offense occurred three days before the statute became effective, but remanded for prosecution under the general battery statute.
• Kever v. State
  704 So. 2d 222· Fla. 1st DCA· 1998-01-21
• Jackson v. State
  699 So. 2d 306· Fla. 1st DCA· 1997-09-18
  Joe Nathan Jackson was charged with first degree murder in the shooting death of his wife but was convicted of the lesser included offense of second degree murder. On appeal, Jackson challenged the trial court's denial of a jury instruction on voluntary intoxication, but the cour
• Sherly Petitfrere v. State
  698 So. 2d 393· Fla. 4th DCA· 1997-08-27
  The court held that the trial court erred in refusing to instruct the jury on culpable negligence as a lesser included offense.
• Wright v. State
  704 So. 2d 564· Fla. 1st DCA· 1997-06-17
  The court held that the trial court's failure to give a requested jury instruction on the lesser-included offense of simple possession of cocaine constituted reversible error.
• Espinosa v. State
  696 So. 2d 1224· Fla. 5th DCA· 1997-05-30
• State v. Williams
  691 So. 2d 1151· Fla. 3d DCA· 1997-04-16
  Florida's appellate court reversed the trial court's dismissal of robbery and burglary charges after a jury deadlocked, holding that a guilty verdict on a lesser-included offense does not establish that the State failed to prove an essential element of the greater offense.
• Ferguson v. State
  692 So. 2d 930· Fla. 5th DCA· 1997-03-27
• MacRi v. State
  689 So. 2d 1280· Fla. 5th DCA· 1997-03-21
• J.Y. v. State
  688 So. 2d 1015· Fla. 3d DCA· 1997-03-05
  The court reversed a juvenile's burglary conviction because the state failed to prove the defendant had intent to commit a crime in the vehicle, which is an essential element of burglary.