Lesser Included Offense

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

• Presley v. State
  413 So. 2d 103· Fla. 4th DCA· 1982-04-14
  The court held that Count IV (resisting arrest with violence) was a lesser included offense of Counts I (aggravated assault) and III (battery of a law enforcement officer), requiring vacation of the sentence for Count IV. The court also held the appellant did not qualify for yout
• Napoleon Arango v. State
  414 So. 2d 205· Fla. 3d DCA· 1982-04-06
• Sparrow v. State
  415 So. 2d 28· Fla. 4th DCA· 1982-03-03
• In re Florida Rules of Practice and Procedure for Traffic Courts
  410 So. 2d 1337· Fla.· 1982-02-11
  The Florida Supreme Court adopted comprehensive Rules of Practice and Procedure for Traffic Courts, establishing uniform procedures for handling both criminal traffic offenses and non-criminal traffic infractions in county courts. The rules govern citation procedures, trial condu
• Williams v. State
  407 So. 2d 640· Fla. 4th DCA· 1981-12-16
  Reversed and remanded because the trial court's adjudication of trafficking in cocaine did not match the jury's verdict of the lesser included offense of possession with intent to sell or deliver.
• State v. Monroe
  406 So. 2d 1115· Fla.· 1981-11-25
  Multiple convictions for lesser included offenses are not barred by the constitution, but multiple sentences are precluded by statute.
• Gray v. Raines
  662 F.2d 567· 9th Cir.· 1981-11-23
  The court held that the defendant's conviction for statutory rape did not violate due process because he had actual notice of the charge and the lesser offense was necessarily included within the greater offense charged.
• Spaziano v. Florida
  454 U.S. 1037· U.S.· 1981-11-09
• Stephens v. State
  405 So. 2d 1034· Fla. 4th DCA· 1981-11-04
  The court held that the failure to define assault, an essential element of the charged offense, constituted reversible error.
• Barnes v. State
  405 So. 2d 753· Fla. 3d DCA· 1981-10-27
  The court held that the allegations in the petition to vacate were refuted by the record, and therefore, the trial court's summary denial of the motion was proper.
• Thomas v. State
  404 So. 2d 1128· Fla. 3d DCA· 1981-10-20
  Eddie Lee Thomas was convicted of involuntary sexual battery and the lesser included offense of trespass to a structure. He appealed his sentence, arguing that multiple punishments were improper because trespass was a lesser included offense of rape. The court affirmed, holding t
• James v. State
  399 So. 2d 424· Fla. 5th DCA· 1981-06-03
  The court held that the offenses of grand theft and using a firearm while committing a felony were lesser included offenses of armed robbery under the circumstances presented.
• Taylor v. Starnes
  650 F.2d 38· 4th Cir.· 1981-05-29
  The court held that the trial attorney's failure to request a jury instruction on the lesser included offense of assault and battery, based on a mistaken belief about the judge's duty and a strategy to create error, constituted ineffective assistance of counsel.
• Faison v. State
  399 So. 2d 19· Fla. 3d DCA· 1981-05-19
  Faison appeals his convictions for kidnapping and sexual battery arising from two sexual attacks on different women committed minutes apart. The court affirmed the kidnapping convictions, holding that the forced movements of victims to secluded locations satisfied the statutory r
• Coxwell v. State
  397 So. 2d 335· Fla. 1st DCA· 1981-04-07
  Coxwell was convicted of first-degree murder of his wife in his second trial after his first conviction was reversed. He appealed on three grounds: improper denial of a change of venue back to Liberty County, failure to instruct on criminal solicitation as a lesser-included offen
• Dickenson v. Israel
  644 F.2d 308· 7th Cir.· 1981-03-11
  The Double Jeopardy Clause was not violated when a state appellate court vacated a conviction for insufficient evidence but affirmed a conviction for a lesser included offense.
• State v. Thailas
  394 So. 2d 164· Fla. 4th DCA· 1981-02-11
• Muszynski v. State
  392 So. 2d 63· Fla. 5th DCA· 1981-01-07
  Muszynski was convicted of multiple charges including first and second degree murder, robbery, theft, and aggravated battery for killing a hitchiker during an altercation. The appellate court affirmed convictions for first degree murder and theft, but reversed convictions for sec
• Holloway v. Florida
  449 U.S. 905· U.S.· 1980-10-14
• Blow v. State
  386 So. 2d 872· Fla. 1st DCA· 1980-08-15
  The court held that the trial court did not err in instructing the jury on aggravated assault as a lesser included offense of armed robbery, but the sentence imposed for aggravated assault was illegal and must be corrected.
• Irwin v. State
  382 So. 2d 828· Fla. 4th DCA· 1980-04-16
  Arnold Irwin was convicted of attempted murder, burglary, and other felonies and sentenced to consecutive terms. The court reversed his sentence on the attempted aggravated battery count, holding that it was a lesser included offense of the attempted murder charge and therefore c
• Carter v. State
  380 So. 2d 541· Fla. 5th DCA· 1980-02-27
  Eddie Carter was convicted of sexual battery accomplished by threats of force, but the trial court erroneously instructed the jury on the lesser included offense of sexual battery with slight force, which was not charged in the information. The appellate court affirmed the convic
• The People OF the Territory OF Guam v. Rosario
  625 F.2d 811· 9th Cir.· 1979-12-20
  The court held that the failure to give a requested lesser included offense instruction, when the objection was timely and specific, constitutes reversible error.
• Smith v. State
  375 So. 2d 864· Fla. 3d DCA· 1979-10-09
  David Smith was convicted of attempted sexual battery and robbery as lesser included offenses of the crimes charged. The appellate court rejected all three of Smith's contentions on appeal, finding no error in the jury instructions, the lesser included offense instruction, or the
• Roberts v. State
  376 So. 2d 247· Fla. 5th DCA· 1979-09-19
  Peter James Roberts was indicted for two counts of involuntary sexual battery against a child, but pleaded nolo contendere to a single lesser charge of attempted involuntary sexual battery. The court erroneously adjudicated him guilty on both counts. The appellate court reversed
• J. A. C. v. State
  374 So. 2d 606· Fla. 3d DCA· 1979-08-14
  A juvenile was adjudicated delinquent for vehicular homicide after a drag racing accident killed a passenger. The Florida Third District Court of Appeal reversed, holding that the juvenile's conduct was not the proximate cause of death because the victim's independent intervening
• State v. Weed
  373 So. 2d 42· Fla. 1st DCA· 1979-06-05
  The dissenting judge would affirm the trial court's decision, disagreeing with the majority's interpretation of the speedy trial rule.
• Biles v. Watkins
  441 U.S. 953· U.S.· 1979-05-14
• Campbell v. State
  370 So. 2d 440· Fla. 3d DCA· 1979-05-08
  Florida appellate court affirmed sentences for robbery, sexual battery, and false imprisonment, but vacated the separate sentence for unlawful display of a firearm during commission of those felonies as improper under Gonzalez and Cone.
• Todd v. State
  369 So. 2d 95· Fla. 2d DCA· 1979-03-23
• Hudson v. State
  368 So. 2d 437· Fla. 3d DCA· 1979-03-13
  Jimmy Hudson appeals his conviction for sexual battery under Florida Statute § 794.011(5), arguing insufficient evidence, improper denial of a psychological examination for the victim, and failure to instruct on certain lesser included offenses. The appellate court affirmed the c
• In re Traffic Court Rules 6.010
  366 So. 2d 400· Fla.· 1978-12-14
  The Florida Supreme Court adopted amendments to eleven traffic court rules pursuant to a petition from the Traffic Court Review Committee. The amendments clarify procedural rules governing traffic cases in county courts, define key terms, and establish standards for handling crim
• Perry v. State
  362 So. 2d 460· Fla. 1st DCA· 1978-09-13
  The court affirmed a conviction for leaving the scene of an accident with injury or death, holding that while the verdict form was technically defective for omitting 'willfulness,' the jury clearly intended to find the defendant guilty of the felony, and the defendant's counsel h
• Sellars v. State
  362 So. 2d 33· Fla. 1st DCA· 1978-07-18
  Appellant's convictions for robbery and firearm use affirmed, but sentences for firearm use vacated as illegal duplicates of robbery sentences, and trial court must credit time served.
• Sandor Koltay v. State
  360 So. 2d 802· Fla. 2d DCA· 1978-07-14
  The court held that the trial court erred in refusing to give a proper jury instruction on the essential elements of the crime charged, which confused the jury.
• von Atkinson v. Smith
  575 F.2d 819· 10th Cir.· 1978-05-12
  A defendant cannot be sentenced for a crime with which they were not charged and to which they did not plead guilty, even if the sentence is less than for the charged offense.
• Eaves v. State
  358 So. 2d 1115· Fla. 3d DCA· 1978-05-02
• Evans v. State
  356 So. 2d 1355· Fla. 1st DCA· 1978-04-07
  Michael Evans appeals the revocation of his probation, challenging the sufficiency of evidence that he violated probation by committing aggravated battery and robbery. The Florida First District Court of Appeal affirmed the revocation based on sufficient corroborative evidence bu
• Spiegel v. State
  356 So. 2d 1247· Fla. 3d DCA· 1978-01-31
  Frederick Spiegel appeals his jury conviction for battery after striking another man with a wine glass at a nightclub. The appellate court affirms his conviction and one-year sentence, rejecting his claims that testimony about a settlement offer was inadmissible and that the jury
• Issac Melvin Walker v. State
  351 So. 2d 382· Fla. 4th DCA· 1977-11-01
  The court reversed a conviction for lewd assault because the indictment did not properly allege the elements of that crime, and lewd assault is not a necessarily lesser included offense of attempted sexual battery. The defendant was initially charged with attempted sexual battery
• Weinstein v. State
  348 So. 2d 1194· Fla. 3d DCA· 1977-07-19
  Appellant Weinstein was convicted of sale/delivery and possession of a controlled substance and sentenced to one year on each count. The appellate court affirmed the convictions but remanded to correct the sentencing because both offenses arose from the same transaction and only
• Carter v. State
  356 So. 2d 1· Fla. 1st DCA· 1977-05-27
  Willie Lee Carter appealed his guilty pleas to receiving and concealing stolen property, arguing the pleas were entered without proper inquiry into defenses and without an adequate factual basis. The court remanded for the trial court to examine whether manifest injustice occurre
• Hillard Jerry London v. State
  347 So. 2d 639· Fla. 4th DCA· 1977-05-20
  The court held that possession of cannabis and bringing cannabis to a penal institution are separate offenses, and a prior conviction for possession does not bar a subsequent prosecution for bringing it to the institution.
• House v. State
  344 So. 2d 623· Fla. 3d DCA· 1977-04-12
• Lopez v. State
  345 So. 2d 757· Fla. 4th DCA· 1977-04-01
• Call v. State
  338 So. 2d 1094· Fla. 1st DCA· 1976-10-13
• Edwards v. State
  338 So. 2d 84· Fla. 1st DCA· 1976-10-13
  Appellant's conviction for assault and battery was reversed because the victim had no knowledge of imminent violence when stabbed from behind, but his conviction for possession of a weapon by a state prisoner was affirmed.
• Rusnak v. State
  336 So. 2d 1227· Fla. 2d DCA· 1976-09-08
• Thompson v. State
  335 So. 2d 633· Fla. 1st DCA· 1976-07-30
• Wide v. State
  335 So. 2d 368· Fla. 2d DCA· 1976-07-21
  The court held that it was error to adjudicate the appellant guilty of a second offense arising from a single transaction, and that reference to that offense must be stricken from the judgment and sentence.