Lesser Included Offense

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

• Nelson v. Thieret
  793 F.2d 146· 7th Cir.· 1986-06-10
  The court held that the defendant's Sixth Amendment right to confrontation was not violated by the trial court's limitation on cross-examination, and that convictions for both rape and aggravated kidnapping were permissible under Illinois law.
• Mitchell v. W.J. Michael Cody
  783 F.2d 669· 6th Cir.· 1986-02-18
  The court held that the Double Jeopardy Clause does not bar a prosecution for vehicular homicide when the victim died after the defendant had already been prosecuted for lesser offenses arising from the same incident, under the 'necessary facts' exception.
• State v. Gordon
  478 So. 2d 1063· Fla.· 1985-10-31
  The Florida Supreme Court reviewed a case where a defendant was convicted of second-degree murder and DWI manslaughter for a single homicide. The court affirmed the conviction for second-degree murder but vacated the DWI manslaughter conviction, holding that the legislature did n
• Walker v. State
  474 So. 2d 916· Fla. 3d DCA· 1985-09-03
• Sweetwine v. State OF Md. & the Warden of the Md. House of Corr.
  769 F.2d 991· 4th Cir.· 1985-08-08
  The court held that imposing a harsher sentence after a successful appeal of a lesser offense does not violate due process if the second sentence is for a greater crime.
• United States v. Snyder
  766 F.2d 167· 4th Cir.· 1985-07-03
  Convictions for failure to file are vacated as lesser included offenses of tax evasion for the same years, but convictions for tax evasion and other offenses are affirmed.
• Robinson v. State
  471 So. 2d 632· Fla. 1st DCA· 1985-06-25
  Robinson appealed his conviction for sexual battery with threats of force, arguing he was convicted of a crime not charged because the information alleged only the deadly weapon alternative while he was convicted under the threat-of-force alternative. The court affirmed, holding
• Milton v. O.L. McCOTTER
  765 F.2d 434· 5th Cir.· 1985-06-24
  The court held that the petitioner's claims were either successive, constituted abuse of the writ, or lacked merit, and therefore denied his application for a stay of execution and habeas relief.
• Gallo v. State
  472 So. 2d 491· Fla. 4th DCA· 1985-06-12
  The court held that the state is entitled to jury instructions on necessarily included lesser offenses even if the defendant waives them, provided the charging document supports such instructions.
• Rhames v. State
  473 So. 2d 724· Fla. 1st DCA· 1985-05-24
  The court held that conspiracy to commit grand theft and dealing in stolen property are not statutorily distinct offenses for double jeopardy purposes when the pleadings and proof show they are essentially the same crime.
• Alphonso Shivers v. State
  468 So. 2d 551· Fla. 5th DCA· 1985-05-16
• Williams v. State
  466 So. 2d 1246· Fla. 1st DCA· 1985-04-11
  Williams was convicted of first-degree felony murder and armed robbery for his role in a murder. The appellate court reversed and remanded for a new trial, finding that Williams's statements to police were inadmissible because they were obtained in violation of his Edwards rights
• Louis v. State
  466 So. 2d 393· Fla. 3d DCA· 1985-03-26
  The court held that the trial court properly denied the defendant's requested jury instruction, denied his motion for mistrial, and denied his motions for a directed verdict.
• Greene v. State
  464 So. 2d 238· Fla. 2d DCA· 1985-03-01
  The court held that the defendant's convictions for possession and sale of a controlled substance did not violate double jeopardy as they were separate statutory offenses.
• Hart v. State
  464 So. 2d 592· Fla. 2d DCA· 1985-02-13
  Hart was convicted of aggravated battery, kidnapping, and sexual battery and sentenced to concurrent terms including life imprisonment. The appellate court reversed and remanded because the trial court improperly applied sentencing guidelines to crimes committed before October 1,
• Alford Lester Carter v. State
  464 So. 2d 1227· Fla. 4th DCA· 1985-01-23
• Pena v. State
  460 So. 2d 559· Fla. 3d DCA· 1984-12-18
  Appellant's conviction and probationary sentence for possession with intent to sell methaqualone was reversed as a lesser included offense of the trafficking conviction, violating double jeopardy protections.
• Grunewald v. State
  455 So. 2d 484· Fla. 5th DCA· 1984-08-09
• Moore v. A.L. Lockhart
  740 F.2d 14· 8th Cir.· 1984-08-08
  The court held that sufficient evidence supported the burglary conviction and that prosecutorial remarks were not prejudicial.
• McCULLOUGH v. State
  456 So. 2d 492· Fla. 2d DCA· 1984-08-03
  Larry McCullough appealed his sentence for attempted manslaughter with a firearm and dealing in stolen property, arguing that a firearm enhancement under Florida law should apply only to the offense charged, not lesser included offenses. The Second District Court of Appeal reject
• Hair v. A.L. Lockhart
  734 F.2d 390· 8th Cir.· 1984-05-17
  The court held that convictions for rape and kidnapping do not violate the double jeopardy clause, and the district court did not err in refusing to appoint counsel for a habeas corpus petition.
• Bess v. State
  445 So. 2d 716· Fla. 4th DCA· 1984-02-29
• Lofton v. State
  447 So. 2d 329· Fla. 2d DCA· 1984-02-24
• Stark v. State
  444 So. 2d 1081· Fla. 1st DCA· 1984-01-25
  Jerry Lee Stark was charged with sexual battery under a statute requiring familial, custodial, or official authority to coerce submission. At trial, the judge granted a judgment of acquittal on the original charges but reduced them to sexual battery with slight force, of which St
• Arnold-Bey v. Frey
  725 F.2d 81· 8th Cir.· 1984-01-16
  The court affirmed the district court's denial of the habeas corpus petition, finding the appellant's claims to be without merit.
• State v. Abdul Al-Baseer Sultan
  443 So. 2d 1058· Fla. 1st DCA· 1984-01-10
  The court held that prosecuting the appellant for dealing in stolen property based on the use of stolen money orders constituted double jeopardy, as the prior trial had already placed him in jeopardy for the same offense.
• Peak v. State
  443 So. 2d 359· Fla. 1st DCA· 1983-12-29
  James Richard Peak and Ewell Anthony Peak were convicted of manufacturing marijuana, but the appellate court reversed because the trial court erroneously refused to instruct the jury on the lesser included offense of attempted manufacturing. The court held that attempted manufact
• Horton v. State
  442 So. 2d 1064· Fla. 1st DCA· 1983-12-20
  The court held that the circumstantial evidence was insufficient to prove that the appellant intended to participate in the crime of trespass, thus reversing his conviction.
• COX v. State
  443 So. 2d 1013· Fla. 5th DCA· 1983-12-08
  The court held that there is no crime of attempting to make a false insurance claim because the substantive offense encompasses such attempts.
• Jordan v. State
  438 So. 2d 825· Fla.· 1983-09-29
  The Florida Supreme Court reviewed whether a defendant convicted of a non-existent lesser-included offense (attempted resisting arrest with violence) could be retried on the original charge (resisting arrest with violence) without violating double jeopardy. The Court held that do
• Reynolds v. State
  438 So. 2d 190· Fla. 1st DCA· 1983-09-26
  Reynolds appealed his aggravated battery conviction, arguing the trial court erred by refusing to reininstruct the jury on voluntary intoxication and self-defense after reinstructing on the offense and lesser included offenses. The court affirmed, holding that reinstructions on d
• Woods v. State
  436 So. 2d 278· Fla. 5th DCA· 1983-07-28
  Willie James Woods was convicted of aggravated battery for beating a victim with a wire coat hanger. The Florida District Court of Appeal reversed and remanded for a new trial because the trial court erroneously admitted prejudicial testimony about Woods' prior violent statement,
• Amlotte v. State
  435 So. 2d 249· Fla. 5th DCA· 1983-05-12
  Amlotte was convicted of armed burglary, shooting into an occupied building, and attempted felony murder after aiding two armed men in a burglary attempt. The Fifth District Court of Appeal held that attempted first degree murder (felony murder) is a valid crime in Florida, but r
• Shulman v. Fla. Parole & Prob. Comm'n
  429 So. 2d 755· Fla. 1st DCA· 1983-04-05
  Shulman appeals the Florida Parole and Probation Commission's decision to aggravate his presumptive parole release date by 24 months based on facts for which he was acquitted at trial. The court reverses, holding that the Commission violated administrative rules prohibiting aggra
• Payne v. State
  426 So. 2d 1296· Fla. 2d DCA· 1983-02-23
  Milton Brinkley Payne, Jr. was convicted of attempted sale of marijuana following an undercover drug investigation. The appellate court reversed the conviction, finding the evidence insufficient to support the charge and that appellant had not committed any overt act in furtheran
• Lavina v. State
  425 So. 2d 196· Fla. 3d DCA· 1983-01-18
  Leonardo Lavina was acquitted of aggravated battery but convicted of unlawful possession of a firearm while engaged in the criminal offense of aggravated battery. The appellate court reversed the firearm conviction because it cannot legally rest on an underlying felony of which t
• Mickie Frank Rauso v. State
  425 So. 2d 618· Fla. 4th DCA· 1983-01-12
  The court held that while false imprisonment is generally not a lesser included offense of kidnapping, the defendant is bound by trial counsel's acquiescence in treating it as such. The court also found clerical errors in the judgments that require correction.
• McFADDEN v. State
  423 So. 2d 456· Fla. 4th DCA· 1982-12-08
  Clarence McFadden appeals his convictions for kidnapping, two counts of sexual battery, and robbery, challenging various jury instructions, sentencing decisions, and the trial court's retention of jurisdiction. The Fourth District Court of Appeal affirmed the convictions and sent
• Morgan v. State
  423 So. 2d 933· Fla. 2d DCA· 1982-11-17
• McGOWAN v. State
  421 So. 2d 620· Fla. 3d DCA· 1982-10-19
• Bowers v. State
  420 So. 2d 369· Fla. 1st DCA· 1982-10-08
• United States v. Tapanes
  685 F.2d 1291· 11th Cir.· 1982-09-16
  The court held that a juror's initial confusion during polling does not invalidate a guilty verdict if the juror ultimately and unequivocally affirms the verdict. The court also held that an instruction on a lesser included offense is not required when the evidence makes it incon
• Butts v. State
  419 So. 2d 384· Fla. 3d DCA· 1982-09-14
• A. D. H. v. State
  416 So. 2d 906· Fla. 2d DCA· 1982-07-16
  Juvenile's adjudication for obstructing without violence was reversed because the charge was not a lesser-included offense of the grand theft alleged in the petition, depriving him of adequate notice to prepare a defense.
• DI Sangro v. State
  422 So. 2d 14· Fla. 4th DCA· 1982-07-07
  The court reversed the conviction for attempted possession of valium with intent to sell because the evidence failed to establish dominion and control necessary for constructive possession, though it affirmed convictions on other charges.
• Dart v. State
  415 So. 2d 846· Fla. 1st DCA· 1982-06-23
• State v. Ishie
  415 So. 2d 835· Fla. 1st DCA· 1982-06-23
  Florida appeals the dismissal of a vehicular homicide charge against a defendant who was also charged with DWI-manslaughter and driving without a valid license, all arising from a single transaction. The appellate court reversed, holding that double jeopardy does not bar the stat
• Melvee Tucker v. State
  417 So. 2d 1006· Fla. 3d DCA· 1982-06-22
  Melvee Tucker was convicted of first-degree murder in the 1974 killing of a convenience store employee and sentenced to life imprisonment. On appeal, Tucker challenged his conviction on six grounds, including claims regarding venue, prosecutorial delay, grand jury composition, co
• Green v. State
  415 So. 2d 143· Fla. 1st DCA· 1982-06-16
  Appellant's convictions for first-degree burglary, aggravated battery, and sexual battery are affirmed because aggravated battery and sexual battery are not lesser included offenses of the burglary charge, which required only proof of an assault committed during the burglary.
• Francis v. State
  412 So. 2d 931· Fla. 1st DCA· 1982-04-15
  Francis was convicted of robbery with a firearm at a convenience store. He appealed challenging the admissibility of a shotgun and confession based on an alleged misstatement in the arrest warrant affidavit. The court affirmed the conviction, finding the misstatement was innocent