Lesser Included Offense

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

• United States v. Barela
  973 F.2d 852· 10th Cir.· 1992-08-24
  The court held that the admission of an informant's statement for a non-hearsay purpose was proper, the evidence was sufficient to link the defendant to the charged transactions, and the district court did not err in including drugs found during a traffic stop in the sentencing c
• United States v. Hill
  973 F.2d 652· 8th Cir.· 1992-08-24
  The court held that the prosecutor's closing argument was not unduly prejudicial, the defendant waived any claim regarding jury questions, and the defendant was not entitled to a lesser-included offense instruction.
• Bruns v. Thalacker
  973 F.2d 625· 8th Cir.· 1992-08-21
  The court held that the district court did not err in denying Bruns' petition for a writ of habeas corpus, affirming the denial of relief on claims of double jeopardy and ineffective assistance of counsel.
• Mulkey v. State
  602 So. 2d 991· Fla. 3d DCA· 1992-08-04
  Florida appellate court affirmed conviction for attempted second-degree murder with firearm enhancement but reversed conviction for possession of firearm during commission of attempted murder, finding the latter a lesser-included offense.
• Cantu v. Collins
  967 F.2d 1006· 5th Cir.· 1992-07-22
  The court held that the Texas capital sentencing statutes did not unconstitutionally preclude consideration of mitigating evidence of youth, the trial court did not err in refusing a voluntary manslaughter instruction, and the identification procedures were not impermissibly sugg
• United States v. Flores
  968 F.2d 1366· 1st Cir.· 1992-06-30
  The court held that simple assault under 49 U.S.C. § 1472(k)(1) is a lesser included offense of assault interfering with a flight attendant's duties under 49 U.S.C. § 1472(j), and the evidence warranted a jury instruction on the lesser offense.
• Fraser v. State
  600 So. 2d 1306· Fla. 5th DCA· 1992-06-26
  The court held that culpable negligence is not a necessarily lesser included offense of possessing a destructive device resulting in bodily injury, nor a permissive lesser included offense under the specific allegations.
• United States v. Cloutier
  966 F.2d 24· 1st Cir.· 1992-06-09
  The district court did not commit clear error in finding that the defendant was part of a single conspiracy that continued into 1989, making the Sentencing Guidelines applicable.
• Ragan v. State
  599 So. 2d 276· Fla. 2d DCA· 1992-05-29
  The court held that the trial court did not err in refusing to give a jury instruction on assisting self-murder because the defendant fired the fatal shot and assisting self-murder is not a necessarily lesser included offense of murder.
• McINTOSH v. State
  597 So. 2d 987· Fla. 4th DCA· 1992-05-27
• Iglesias v. State
  599 So. 2d 248· Fla. 3d DCA· 1992-05-26
  The appellate court affirmed a minor's conviction and sentence for manslaughter, holding that the criminal court had jurisdiction to try him as an adult for manslaughter, even though the juvenile court's waiver specified jurisdiction only for vehicular homicide.
• United States v. Frorup
  963 F.2d 41· 3d Cir.· 1992-05-06
  The court held that a defendant can be convicted of aiding and abetting possession with intent to distribute if they procure customers and maintain the market, even without direct participation in obtaining or holding the drugs.
• United States v. Mondee Stracener
  959 F.2d 31· 5th Cir.· 1992-04-09
  Resentencing, rather than a new trial, is the proper remedy when a defendant is convicted of multiple overlapping offenses and some convictions are vacated due to flawed jury instructions.
• Johnson v. State
  595 So. 2d 244· Fla. 4th DCA· 1992-03-04
  Appellant Johnson was prosecuted separately in Palm Beach and Broward Counties for conduct during a high-speed chase. He challenges the Broward County prosecution for attempted first-degree murder of an officer on double jeopardy grounds, arguing that proof of premeditation in th
• Cedell Henderson v. State
  594 So. 2d 336· Fla. 1st DCA· 1992-02-27
  The court held that instructing the jury on a permissive lesser included offense, to which defense counsel affirmatively agreed and did not object, does not constitute fundamental error, even if the offense is not technically a lesser included offense.
• Carbone v. State
  593 So. 2d 1117· Fla. 3d DCA· 1992-02-04
  Carbone appeals his sentencing for armed robbery, challenging whether the trial court properly scored eight prior cocaine-related convictions from 1987 as separate offenses for sentencing enhancement purposes. The court affirms the conviction and sentences but remands for correct
• Hoskins v. Dep't of Bus. Reg.
  592 So. 2d 1145· Fla. 2d DCA· 1992-01-03
  The Florida District Court of Appeal affirmed the Department of Business Regulation's revocation of appellants' alcoholic beverage license for operating an establishment for lewdness through lap dancing performances. The court rejected arguments that amending the charges post-hea
• Shannon v. State
  588 So. 2d 67· Fla. 2d DCA· 1991-11-01
  The court held that instructing the jury on attempted manslaughter by culpable negligence, a crime not recognized in Florida, constituted fundamental error. The court affirmed convictions for aggravated assault and possession of a firearm, but reversed the conviction for attempte
• United States v. Rafaelito
  946 F.2d 107· 10th Cir.· 1991-09-24
  The court held that the admission of the defendant's exculpatory statements was harmless error, the denial of a lesser included offense instruction was proper, and the denial of a reduction for acceptance of responsibility was correct.
• Albury v. State
  585 So. 2d 509· Fla. 3d DCA· 1991-09-24
• State v. Crisel
  586 So. 2d 58· Fla.· 1991-09-12
  The Florida Supreme Court reversed a district court decision that had vacated a defendant's possession conviction based on double jeopardy concerns. The Court held that when analyzing whether multiple convictions violate double jeopardy under Florida Statute section 775.021(4)(b)
• Davis v. State
  584 So. 2d 233· Fla. 2d DCA· 1991-08-23
• United States v. Miller
  939 F.2d 605· 8th Cir.· 1991-07-25
  The court held that the district court did not err in overruling the Batson objection or in refusing to give lesser included offense instructions.
• Mitchell v. State
  582 So. 2d 170· Fla. 4th DCA· 1991-07-17
• Edwards v. State
  581 So. 2d 239· Fla. 5th DCA· 1991-06-13
• Jackson v. State
  581 So. 2d 237· Fla. 4th DCA· 1991-06-12
• R.L.I. v. State
  579 So. 2d 868· Fla. 2d DCA· 1991-05-22
  A person cannot be convicted of grand theft for merely riding in a vehicle they know to be stolen.
• Carlyle Saunders
  579 So. 2d 397· Fla. 3d DCA· 1991-05-21
  The court denied a petition for a writ of habeas corpus, holding that appellate counsel was not ineffective for failing to raise the issue of a jury instruction on second-degree murder in a first-degree murder case where the death penalty was waived. The court clarified that the
• Randolph v. State
  578 So. 2d 1148· Fla. 5th DCA· 1991-05-16
• Derral Wynn v. State
  580 So. 2d 807· Fla. 3d DCA· 1991-05-14
  Derral Wynn appeals his convictions for petit theft, battery, and resisting arrest with violence. The court reverses all three convictions: the theft conviction because the trial court failed to instruct the jury on the defendant's good-faith belief that he owned the property, an
• Mustelier v. Dugger
  579 So. 2d 353· Fla. 3d DCA· 1991-05-14
  Salvador Mustelier seeks habeas corpus relief claiming his appellate counsel was ineffective for failing to raise the omission of a jury instruction on second degree murder as a lesser included offense in his first degree felony murder conviction. The court holds that such an ins
• Kellam v. State
  579 So. 2d 243· Fla. 1st DCA· 1991-04-29
  The Florida District Court of Appeal, on rehearing, affirmed convictions for both sale and possession of cocaine based on the Florida Supreme Court's recent holdings in V.A.A. and McCloud that dual convictions for sale and possession of the same contraband are proper when the cri
• Daniels v. Bronson
  932 F.2d 102· 2d Cir.· 1991-04-22
  The court held that the imposition of consecutive sentences for a capital felony-multiple murder conviction and a lesser included murder conviction violates the Double Jeopardy Clause, but this violation can be cured by vacating one conviction or reducing the capital felony convi
• Downey v. State
  578 So. 2d 792· Fla. 5th DCA· 1991-04-18
  Appellant's convictions for sexual battery by threat of force were reversed because the information did not support that charge, but convictions for the lesser included offense of sexual battery with slight force were upheld.
• United States v. Morrow
  929 F.2d 566· 10th Cir.· 1991-04-02
  The court held that the district court did not err in using the higher base offense level for the methamphetamine manufacture count when determining the applicable guideline range.
• Arcelio Hernandez v. State
  574 So. 2d 1218· Fla. 3d DCA· 1991-02-26
  The court vacated convictions for aggravated assault and unlawful possession of a short-barreled shotgun because the assault facts were part of the continuous robbery transaction and there was no evidence of possession during the robbery, and struck mandatory minimum sentences no
• Williams v. State
  575 So. 2d 272· Fla. 4th DCA· 1991-02-20
  Vernon Williams was convicted of both purchasing cocaine within 1000 feet of a school and possession of cocaine based on the same underlying transaction. The appellate court reversed the possession conviction, holding that it constitutes a lesser included offense of the purchase
• Jones v. State
  574 So. 2d 1138· Fla. 4th DCA· 1991-01-30
• Wallace v. State
  573 So. 2d 1010· Fla. 4th DCA· 1991-01-30
  Florida appellate court affirmed murder and attempted robbery convictions but reversed the firearm possession conviction as a lesser-included offense of attempted robbery under pre-Carawan law.
• McKNIGHT v. State
  569 So. 2d 521· Fla. 3d DCA· 1990-11-13
• Coleman v. Jones
  909 F.2d 447· 11th Cir.· 1990-08-17
  A jury instruction that presumes malice from the use of a deadly weapon, while erroneous, was harmless because the defendant was convicted of a capital offense requiring intentional killing, not a lesser offense requiring malice.
• United States v. Elbert L. Johnson
  909 F.2d 1440· 10th Cir.· 1990-07-27
  The court held that the district court did not abuse its discretion in denying a continuance for the defendant's trial, nor did it err in refusing to instruct the jury on reliance on counsel or in its instruction regarding the term 'felony'.
• D.L. v. State
  567 So. 2d 5· Fla. 3d DCA· 1990-07-24
  Affirmed juvenile's delinquency adjudication on the lesser included offense of trespass to a conveyance under Fla. Stat. § 810.08, reversing as to the more serious charges of burglary and theft where evidence was insufficient to prove intent.
• Leon v. State
  563 So. 2d 825· Fla. 2d DCA· 1990-07-06
• United States v. Schermerhorn
  906 F.2d 66· 2d Cir.· 1990-06-25
  The court held that the denial of the pretrial motion to dismiss mail fraud counts was not an abuse of discretion, the evidence of FDIC insurance was sufficient, and the overall evidence supported the convictions.
• United States v. Gertie Crismon
  905 F.2d 966· 6th Cir.· 1990-06-18
  The court held that the defendant waived her right to challenge the legality of the search and seizure by failing to file a timely motion to suppress evidence, and that the court lacked jurisdiction to hear the issue on appeal.
• United States v. Spencer
  905 F.2d 1260· 9th Cir.· 1990-06-08
  The court held that receiving stolen property under 18 U.S.C. § 662 is not a lesser included offense of theft by taking under 18 U.S.C. § 661, and thus the district court lacked jurisdiction to convict on the § 662 charge after acquitting on the § 661 charge.
• Marquez v. State
  563 So. 2d 152· Fla. 3d DCA· 1990-06-05
  The court held that a defendant's confession is admissible without prior proof of their identity as the perpetrator, and that vessel homicide is a lesser included offense of manslaughter.
• United States v. Barton Jeffrey Williams
  902 F.2d 678· 8th Cir.· 1990-05-03
  The court held that the ultraviolet light examination was not an unreasonable search and seizure, and that the nondisclosure of a November telephone bill did not warrant a new trial.
• Almertis Stephens v. State
  559 So. 2d 687· Fla. 1st DCA· 1990-04-05
  Almertis Stephens appealed his conviction for armed robbery, aggravated assault, and assault, challenging the prosecution's use of peremptory challenges to exclude Black jurors, alleging a comment on his right to silence, and disputing his sentencing guidelines calculation. The a