Lesser Included Offense

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

• Plummer v. State
  559 So. 2d 693· Fla. 1st DCA· 1990-04-05
• Major v. State
  558 So. 2d 185· Fla. 4th DCA· 1990-03-21
  The court affirmed the conviction for aggravated battery with a firearm but reversed the imposition of court costs due to the lack of a proper hearing.
• Green v. State
  557 So. 2d 673· Fla. 2d DCA· 1990-03-02
  Gerald Green was convicted of both possession and sale of cocaine arising from a single transaction. The court reversed his conviction for possession, holding that where a defendant sells drugs and simultaneously divests himself of his entire inventory, separate convictions for b
• Ervin Stubbs v. State
  557 So. 2d 230· Fla. 4th DCA· 1990-02-28
• Stevens v. State
  556 So. 2d 785· Fla. 2d DCA· 1990-02-09
• Rowell v. State
  555 So. 2d 959· Fla. 1st DCA· 1990-01-24
  Defendant convicted of trespass of an occupied structure was entitled to a hearing on cost reimbursement as an indigent defendant, though the trial court properly denied reimbursement under the acquitted defendant statute.
• Kelly v. State
  553 So. 2d 800· Fla. 5th DCA· 1989-12-21
  Court affirmed trafficking and drug paraphernalia convictions but quashed the possession of cocaine conviction because all charges arose from the same cocaine and the defendant could not be punished for both possession and trafficking of the same drug under Carawan v. State.
• Pama v. State
  552 So. 2d 309· Fla. 2d DCA· 1989-11-17
  Three appellants were convicted of trafficking in cannabis in an amount greater than 10,000 pounds based on the seizure of 234 bales from a fishing boat. The court reversed, finding the state failed to prove the marijuana weighed at least 10,000 pounds and remanded for resentenci
• Harris v. State
  549 So. 2d 1183· Fla. 5th DCA· 1989-10-12
  This dissenting opinion argues that when convictions for both an ancillary firearm offense and a necessarily underlying primary offense cannot be affirmed due to double jeopardy, the ancillary firearm offense, not the primary offense, should be vacated.
• Julius v. Jones
  875 F.2d 1520· 11th Cir.· 1989-05-31
  The court held that while the prosecution should have produced all interviews of a witness under Brady v. Maryland, the suppression did not warrant a new trial because there was no reasonable probability that the outcome would have been different. The court also found that previo
• Rojas v. State
  543 So. 2d 415· Fla. 5th DCA· 1989-05-18
  The court held that a conviction for aggravated assault is subsumed by a robbery conviction when the assault is an element of the robbery.
• Sands v. State
  542 So. 2d 436· Fla. 2d DCA· 1989-04-26
• Houston v. State
  540 So. 2d 943· Fla. 4th DCA· 1989-04-12
  John Houston was convicted of battery (lesser included offenses of attempted armed robbery and aggravated battery) and sentenced to 364 days jail plus probation with community service and fees. The Fourth District affirmed the conviction but reversed and remanded for resentencing
• Dukes v. State
  539 So. 2d 1197· Fla. 4th DCA· 1989-03-29
• United States v. Gonzales
  866 F.2d 781· 5th Cir.· 1989-02-16
  The court held that a conspiracy conviction is a lesser included offense of a continuing criminal enterprise (CCE) and thus cannot support a separate conviction and sentence. However, evidence of distribution and communications offenses was sufficient to support the CCE convictio
• Torres v. State
  541 So. 2d 1224· Fla. 2d DCA· 1989-02-01
  A white defendant convicted of first-degree murder and armed robbery challenged the prosecutor's use of peremptory challenges to exclude black jurors, despite being represented by black counsel. The court held that under Batson v. Kentucky, a defendant lacks standing to challenge
• State v. Sanborn
  533 So. 2d 1147· Fla.· 1988-11-23
  The Florida Supreme Court resolved a conflict between district courts regarding whether false imprisonment is a necessarily lesser included offense of kidnapping. The Court held that false imprisonment is indeed a necessarily lesser included offense because the statutes are ident
• Watson v. State
  533 So. 2d 932· Fla. 3d DCA· 1988-11-22
• Martin v. J.B. Taylor
  857 F.2d 958· 4th Cir.· 1988-09-26
  The court held that successive prosecutions for the same offense, even if technically distinct under Blockburger, violate the Double Jeopardy Clause if the same evidence is used in both trials.
• United States v. Romero
  856 F.2d 1020· 8th Cir.· 1988-08-15
  The court held that the evidence was sufficient to convict the defendant of distribution, possession with intent to distribute, and conspiracy, and that his statements were properly admitted.
• Wainwright v. State
  528 So. 2d 1329· Fla. 5th DCA· 1988-08-04
  A conviction for using a firearm during the commission of a felony cannot stand if the jury acquits the defendant of the underlying felony.
• United States v. Rasco
  853 F.2d 501· 7th Cir.· 1988-08-02
  The court held that the government is not required to prove the exact value of a bribe offered to a bank official, only that it was a thing of value in excess of $100.
• Vaughn Bernard Coston v. State
  530 So. 2d 346· Fla. 2d DCA· 1988-07-20
  Coston was convicted of both delivery of cocaine and possession of the same cocaine following an undercover drug transaction. The court held that these convictions violate the double jeopardy clause because possession is an inherent element of delivery, making the convictions mul
• Mixon v. State
  528 So. 2d 523· Fla. 2d DCA· 1988-07-20
  The court held that convicting a defendant for both possession with intent to sell and sale of the same cocaine violates double jeopardy principles.
• Hawryluk v. State
  529 So. 2d 1186· Fla. 5th DCA· 1988-07-14
  Defendant Hawryluk was convicted of the lesser included offense of attempted second degree murder after being charged with attempted first degree murder. The trial court reclassified his conviction as a first degree felony under the weapons enhancement statute, but the appellate
• Nave v. J.E. Helms, Jr.
  845 F.2d 963· 11th Cir.· 1988-05-23
  The court held that the district court erred in granting habeas corpus relief because the defendant had adequate notice of the potential conviction for violating his oath and the retrial did not violate double jeopardy.
• Theodis Tolbert, Jr. v. State
  522 So. 2d 420· Fla. 3d DCA· 1988-02-23
• Bunion v. State
  516 So. 2d 80· Fla. 1st DCA· 1987-12-04
  Mary Bunion appealed her convictions for aggravated assault and second degree murder, challenging sentencing credit calculations and the trial court's refusal to reinstruct the jury on justifiable use of force. The appellate court modified the sentence to correct a clerical error
• United States v. John H. DeTAR, M.D.
  832 F.2d 1110· 9th Cir.· 1987-11-17
  The court held that the district court committed reversible error by failing to instruct the jury on the lesser included offense of willful failure to pay taxes when due, and that requesting such an instruction constitutes a waiver of the statute of limitations defense for that o
• State v. Bing
  514 So. 2d 1101· Fla.· 1987-11-05
  The Florida Supreme Court held that a single taking of property cannot support dual convictions for both robbery and grand theft, reversing its earlier approval of dual convictions and adopting the rule from Carawan v. State that robbery and grand theft address the same evil and
• Walker v. State
  520 So. 2d 606· Fla. 1st DCA· 1987-10-15
  The court held that the trial court committed reversible error by failing to provide a complete instruction on excusable and justifiable homicide contemporaneously with the manslaughter instruction.
• Broxson v. State
  510 So. 2d 1255· Fla. 1st DCA· 1987-08-19
  Appellants Broxson and Mixon were convicted of attempted sexual battery with slight force, but the trial court failed to instruct the jury on simple battery, a necessarily lesser included offense. The appellate court held this omission was reversible error requiring a new trial.
• Colston v. State
  510 So. 2d 1173· Fla. 1st DCA· 1987-08-11
  Defendant's conviction for possession of contraband in a county detention facility was reversed because the trial court failed to instruct the jury on misdemeanor possession of cannabis as a lesser included offense when evidence showed less than 20 grams.
• Robinson v. A.L. Lockhart
  823 F.2d 210· 8th Cir.· 1987-07-07
• Dixon v. State
  506 So. 2d 55· Fla. 3d DCA· 1987-04-28
  The court held that submitting a bill of particulars to the jury upon their request, after deliberations began, was not reversible error as it was authorized by Fla.R.Crim.P. 3.400 and not governed by the per se error rule of Fla.R.Crim.P. 3.410. The court also held that an expre
• Reeb v. State
  506 So. 2d 1054· Fla. 4th DCA· 1987-03-18
• Robinson v. State
  506 So. 2d 1055· Fla. 4th DCA· 1987-03-18
• Randolph v. State
  503 So. 2d 958· Fla. 1st DCA· 1987-03-05
  Appellant's robbery conviction is reversed because the force used occurred after he fled the store with stolen cologne, not contemporaneously with the taking, and thus constitutes only petit theft under Royal v. State.
• Thomas v. State
  502 So. 2d 492· Fla. 1st DCA· 1987-02-11
  Edward James Thomas petitioned for habeas corpus relief alleging his appellate counsel provided ineffective assistance by failing to raise three issues on appeal: jury observation of him in prison garb, a judge's ex parte communication with a state witness, and failure to challen
• Leon v. State
  498 So. 2d 680· Fla. 3d DCA· 1986-12-16
  The court held that the victim's tender age, being an element of the crime, cannot serve as a basis for departing from the sentencing guidelines, and that reasons for departure must have evidentiary support.
• Anderson v. State
  493 So. 2d 1092· Fla. 4th DCA· 1986-09-10
  Conviction for attempted trafficking in cannabis exceeding 100 pounds reversed because the state failed to prove the weight beyond a reasonable doubt; conviction reduced to attempted possession of cannabis under 100 pounds.
• Linder v. State
  493 So. 2d 1091· Fla. 4th DCA· 1986-09-10
  Joseph Linder appealed his conviction for attempted trafficking in cannabis in excess of 100 pounds and conspiracy to traffic in cannabis. The appellate court found insufficient evidence that the contraband weight exceeded 100 pounds and reversed the trafficking conviction, reduc
• Reeves v. State
  493 So. 2d 78· Fla. 4th DCA· 1986-08-27
  Florida appellate court reversed a robbery conviction because victim testimony about defendant's reputation for robbery was improperly admitted without defendant having put his character in issue, and remanded for new trial due to insufficient evidence of property theft.
• Mosley v. State
  492 So. 2d 1071· Fla.· 1986-08-21
  Non-capital defendants do not have the same constitutional right as capital defendants to jury instructions on necessarily lesser included offenses.
• Williams v. A.L. Lockhart
  797 F.2d 344· 8th Cir.· 1986-08-05
  The court held that a juror's voir dire statements did not demonstrate bias and a prosecutor's rebuttal argument did not improperly comment on the defendant's failure to testify.
• Wiman v. A.L. Lockhart
  797 F.2d 666· 8th Cir.· 1986-07-28
  The court held that a double jeopardy claim is procedurally defaulted and without merit when the convictions are for separate offenses, thus affirming the dismissal of the habeas corpus petition.
• Wishop v. State
  490 So. 2d 1380· Fla. 5th DCA· 1986-07-17
  John Wishop appeals the denial of his motion for arrest of judgment, arguing that his conviction for possession of a firearm during the commission of a felony cannot stand because he was convicted of attempted second degree murder rather than the charged attempted first degree mu
• Brimmage v. Sumner
  793 F.2d 1014· 9th Cir.· 1986-07-01
  The court held that the Double Jeopardy Clause does not prevent cumulative punishments for felony murder and the underlying robbery if the legislature intends them, and Nevada law indicates such intent.
• Newman v. State
  490 So. 2d 197· Fla. 3d DCA· 1986-06-24
  The court held that a defendant cannot be convicted and sentenced twice for the same aggravated assault, nor can consecutive mandatory minimum sentences be imposed for offenses arising from a single criminal episode.
• United States v. Miller
  793 F.2d 786· 6th Cir.· 1986-06-19
  The court held that the evidence was sufficient to sustain a conviction under 18 U.S.C. § 2113(e) for escape by force, and that this conviction was not barred by a prior conviction for bank robbery under subsections (a) and (d) because the escape constituted a separate offense.