Lesser Included Offense

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

• Kirby Lynn Chastine v. State
  691 So. 2d 487· Fla. 4th DCA· 1997-02-12
  The court affirmed convictions for armed robbery and first-degree murder but reversed the conviction for attempted first-degree murder based on a change in Florida law.
• Ricks v. State
  686 So. 2d 798· Fla. 1st DCA· 1997-01-27
• State v. Jones
  685 So. 2d 1280· Fla.· 1996-12-19
  The court held that retrial is permissible for lesser included offenses when a conviction for attempted felony murder is vacated, and that a victim's status as a tourist is insufficient grounds for departing from sentencing guidelines.
• Astrop v. State
  682 So. 2d 1153· Fla. 5th DCA· 1996-10-18
  Henry Lewis Astrop was convicted of both burglary of a dwelling with an assault and a separate assault charge arising from the same conduct when he broke into a home and threatened his girlfriend. The Florida Fifth District Court of Appeal reversed the separate assault conviction
• Bateman v. State
  681 So. 2d 820· Fla. 2d DCA· 1996-10-11
• Green v. State
  679 So. 2d 81· Fla. 5th DCA· 1996-09-12
• A. M. v. State
  678 So. 2d 914· Fla. 1st DCA· 1996-08-30
  A juvenile was charged with grand theft of a bicycle but convicted of trespass in a conveyance. The court reversed, holding that a bicycle is not a "conveyance" under Florida law and therefore cannot support a trespass conviction.
• Tolbert v. State
  679 So. 2d 816· Fla. 4th DCA· 1996-08-14
  The court held that the appellant's general objection to jury instructions on lesser included offenses was insufficient to preserve for appeal the issue of whether aggravated battery, a permissible lesser included offense, should have been instructed when an element was not alleg
• Ulises Carrazana v. State
  678 So. 2d 6· Fla. 3d DCA· 1996-08-07
  Conviction for attempted felony murder must be vacated, but defendant may be retried on lesser included offenses if the jury was instructed on them at trial.
• Hawkes v. State
  677 So. 2d 103· Fla. 5th DCA· 1996-07-26
• State v. Alfonso
  676 So. 2d 1365· Fla.· 1996-07-18
• Marcellous Wilcox v. State
  675 So. 2d 1043· Fla. 4th DCA· 1996-07-03
• Crevitz v. State
  673 So. 2d 168· Fla. 3d DCA· 1996-05-15
  Crevitz was convicted of resisting an officer with violence, but the trial court improperly refused to instruct the jury on the lesser included offense of resisting without violence. The appellate court reversed because case law establishes this is a permissive lesser included of
• Kharibe Burgan v. State
  675 So. 2d 175· Fla. 5th DCA· 1996-05-10
  Kharibe Burgan appeals his conviction for second degree murder and other felonies. The court reverses his murder conviction, finding that the trial court erred by refusing to instruct the jury on third degree murder based on aggravated assault as the underlying felony, where evid
• LEE v. State
  670 So. 2d 169· Fla. 1st DCA· 1996-03-25
  Brian David Lee appeals his convictions for third-degree murder, attempted third-degree murder, and shooting into an occupied vehicle. The court affirmed most convictions but reversed the attempted third-degree murder conviction under State v. Gray, remanded for resentencing on t
• Barnhart v. State
  670 So. 2d 1082· Fla. 2d DCA· 1996-03-20
  The Florida District Court of Appeal reversed Barnhart's capital sexual battery conviction and remanded for a new trial because the trial court erroneously refused to instruct the jury on attempted capital sexual battery as a lesser included offense. The victim's testimony regard
• Wyant v. State
  659 So. 2d 433· Fla. 2d DCA· 1995-08-11
  The court held that the evidence was legally sufficient to infer an agreement and intent to commit first-degree murder for conspiracy, but the three-year minimum mandatory sentence for conspiracy was improper as it is not an enumerated felony.
• Vaughan v. State
  658 So. 2d 1107· Fla. 3d DCA· 1995-07-19
  Sarah Vaughan appealed her sentencing on an armed robbery conviction entered pursuant to a guilty plea agreement, arguing the sentencing guidelines scoresheet was calculated erroneously. The Florida appellate court affirmed the 84-month sentence, holding that armed robbery with a
• Desinut Limose v. State
  656 So. 2d 947· Fla. 5th DCA· 1995-06-16
  This case addresses whether Florida Rule of Criminal Procedure 3.390(a) and State v. Weller require trial courts to instruct juries on the actual minimum mandatory penalties for trafficking cocaine offenses when lesser included offenses carry different penalties based on the quan
• Rogers v. State
  656 So. 2d 245· Fla. 5th DCA· 1995-06-09
  Rogers appeals his conviction for grand theft of a motor vehicle, arguing double jeopardy bars prosecution because the state had previously nolle prossed a charge involving an altered VIN on the same vehicle pursuant to a plea agreement. The court affirms, holding that the two of
• Higgs v. State
  652 So. 2d 515· Fla. 3d DCA· 1995-04-05
• Guerrie v. State
  649 So. 2d 928· Fla. 4th DCA· 1995-02-08
  The Fourth District Court of Appeal reversed Dawn Guerrie's conviction for purchasing cocaine due to prosecutorial misconduct. The prosecutor improperly questioned Guerrie about a cocaine pipe found in her purse that had not been disclosed during discovery, violating the Richards
• Bell v. State
  650 So. 2d 1032· Fla. 5th DCA· 1995-02-03
  Marilyn May Bell appeals her conviction for second-degree arson, burning to defraud, and making a fraudulent insurance claim. The appellate court reverses, holding that the successor judge erred in allowing Bell's husband to testify as a co-conspirator under the marital privilege
• T.L.G. v. State
  648 So. 2d 1248· Fla. 5th DCA· 1995-01-20
  A juvenile charged with battery was erroneously convicted of disorderly conduct because the trial court mistakenly believed it was a lesser included offense; the conviction is quashed because the defense adequately preserved the error by objecting.
• Dolinger v. State
  661 So. 2d 31· Fla. 2d DCA· 1995-01-20
  Peter Dolinger appeals denial of postconviction relief after conviction for obtaining possession of a controlled substance by fraud and simple possession. The court reversed and remanded for resentencing because the trial court conducted a resentencing hearing without Dolinger's
• Homes v. State
  648 So. 2d 1223· Fla. 2d DCA· 1995-01-18
  Roderick Homes appealed his convictions and sentences imposed under a plea agreement requiring him to testify against codefendants in exchange for a guidelines sentence. When Homes refused to testify, the trial court imposed upward departure sentences. The appellate court affirme
• State v. Johnson
  644 So. 2d 1028· Fla. 3d DCA· 1994-10-26
  Florida appealed the dismissal of an aggravated stalking charge against Johnson on double jeopardy grounds. The court affirmed the dismissal, holding that the aggravated stalking charge was a lesser-included offense of the criminal contempt charge for violating an injunction, bar
• Kellom v. State
  643 So. 2d 92· Fla. 3d DCA· 1994-10-05
  A defendant is not entitled to a jury instruction on possession of heroin as a lesser included offense when the accusatory pleading only charges sale and/or delivery of heroin.
• Chavney C. Gant v. State
  636 So. 2d 880· Fla. 5th DCA· 1994-05-13
  Gant was charged with robbery with a firearm but convicted by jury of the lesser included offense of robbery. On appeal, Gant argued the trial court should have granted his motion for judgment of acquittal because the state failed to prove the victim was placed in imminent fear.
• Cummings v. State
  633 So. 2d 559· Fla. 3d DCA· 1994-03-15
  James Cummings appeals his conviction for attempted possession of a short-barreled shotgun. The Florida appellate court affirmed the conviction, finding sufficient evidence of constructive possession and rejecting claims that the trial court erred in denying a judgment of acquitt
• Davis v. State
  631 So. 2d 318· Fla. 3d DCA· 1994-01-25
  Affirmed conviction for battery where jury verdict form was initially overlooked but jury was promptly recalled within four minutes to announce the guilty verdict before discharge was final, preventing any contamination.
• Flowers v. State
  627 So. 2d 1340· Fla. 5th DCA· 1993-12-17
• Elester Wright v. State
  626 So. 2d 299· Fla. 5th DCA· 1993-11-05
  Elester Wright was convicted of robbery with a firearm and grand theft. The court reversed the grand theft conviction, holding that ATM cards cannot be valued at the amount in their corresponding bank accounts for theft statute purposes, and that the theft was therefore petit the
• Perez-Gonzalez v. State
  626 So. 2d 285· Fla. 3d DCA· 1993-11-02
  The court affirmed the conviction, holding that the trial court properly instructed the jury on lesser-included offenses in compliance with State v. Weller and Florida Rules of Criminal Procedure Rule 3.390(a).
• Thayer Stanley Williams v. State
  625 So. 2d 994· Fla. 1st DCA· 1993-10-28
  The court held that the trial court did not abuse its discretion in restricting cross-examination about past drug deals, as the witness's credibility was already impeached and other evidence existed. The court also vacated the aggravated battery conviction as a lesser included of
• Patterson v. von Riesen
  999 F.2d 1235· 8th Cir.· 1993-07-23
  Prosecutors, parole board members, and prison wardens are absolutely immune from damages for actions taken within the scope of their official duties, including prosecutorial decisions, parole determinations, and incarceration pursuant to valid court orders.
• Williams v. Dugger
  827 F. Supp. 1568· S.D. Fla.· 1993-07-15
  The court held that a judge's brief, cordial remark to a victim witness does not violate due process, and that convictions for robbery, assault, and burglary arising from a single incident do not violate the Double Jeopardy Clause if the legislature intended separate punishments
• United States v. Simoy
  998 F.2d 751· 9th Cir.· 1993-07-14
  The court held that the witness's identification was reliable despite a suggestive procedure, and that the defendant was not entitled to a lesser included offense instruction for second-degree murder.
• United States v. Dixon
  509 U.S. 690· U.S.· 1993-06-28
  The concurring Justice believes contempt of court is not the 'same offense' as assault or drug possession for double jeopardy purposes, but disagrees with the majority's reasoning and disposition.
• United States v. Felix
  996 F.2d 203· 8th Cir.· 1993-06-18
  The court held that the district court did not err in refusing a lesser included offense instruction because no rational jury could find the defendant innocent of the greater offense while guilty of the lesser, nor was the jury verdict coerced by the court's instructions.
• Royce Rigdon v. State
  621 So. 2d 475· Fla. 4th DCA· 1993-05-26
  Royce Rigdon was convicted of aggravated assault with a firearm after being charged with attempted first degree murder. The Fourth District Court of Appeal reversed and remanded for a new trial, finding multiple reversible errors including the trial court's failure to instruct th
• Wilson v. McCAUGHTRY
  994 F.2d 1228· 7th Cir.· 1993-05-20
  The court held that the petitioner's due process rights were not violated by the sixteen-year delay in indictment, nor by the state trial court's failure to instruct the jury on the lesser included offense of reckless homicide.
• United States v. Gutierrez
  990 F.2d 472· 9th Cir.· 1993-04-01
  The court held that the standard of review for a defendant's failure to establish a prima facie case of selective prosecution is clear error, and that the defendant failed to establish such a case. The court also held that the district court did not abuse its discretion in denyin
• Fawcett v. State
  615 So. 2d 691· Fla.· 1993-03-25
  The State is entitled to have the jury instructed on a permissive lesser offense if the charging document alleges it and the defendant is placed in jeopardy for that offense.
• Pointec v. State
  614 So. 2d 570· Fla. 5th DCA· 1993-02-12
  Pointec appeals his conviction for simple criminal trespass after the trial court directed a verdict on the charged felony construction site trespass due to improper posting. The appellate court affirmed the simple trespass conviction, finding that although simple trespass is not
• United States v. Warren
  984 F.2d 325· 9th Cir.· 1993-01-27
  The court held that the district court's inadequate responses to jury questions regarding premeditation and the consideration of second-degree murder constituted reversible error, as these errors were not harmless. However, the failure to instruct the jury on the jurisdictional e
• Thomas v. Singletary
  611 So. 2d 1343· Fla. 1st DCA· 1993-01-14
  The court held that the Secretary of Corrections properly denied provisional credits because the inmate was convicted of burglary with the intent to commit sexual battery, as per section 944.277(1)(e), Florida Statutes.
• Alpern v. State
  605 So. 2d 1291· Fla. 3d DCA· 1992-10-06
  Charles Alpern was convicted of first-degree felony murder and other offenses in connection with the shooting death of Gary Cuozzo during an attempted drug transaction in Miami. On appeal, Alpern challenged the trial court's refusal to instruct the jury on third-degree felony mur
• United States v. Walkingeagle
  974 F.2d 551· 4th Cir.· 1992-09-08
  The court held that the district court retained jurisdiction over a lesser-included offense even after granting a judgment of acquittal on the greater felony counts.
• Terry v. Petsock
  974 F.2d 372· 3d Cir.· 1992-09-01
  The Court affirmed the denial of a writ of habeas corpus, holding that the petitioner's conviction for first-degree murder did not violate *Beck v. Alabama*. The jury was not presented with an unconstitutional "all-or-nothing" choice because they were aware the petitioner was alr