Lesser Included Offense

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

• Tyson v. State
  334 So. 2d 657· Fla. 3d DCA· 1976-06-22
  A conviction for culpable negligence cannot stand when the information charged assault to commit murder and did not allege the elements of culpable negligence.
• Milton v. State
  334 So. 2d 85· Fla. 3d DCA· 1976-06-08
  The court held that the jury's late deliberations and the inclusion of a lesser included offense in the jury charge did not constitute reversible error.
• D. C. G. v. State
  332 So. 2d 702· Fla. 1st DCA· 1976-06-07
  A juvenile was adjudicated delinquent for assault and battery, but was charged only with aggravated assault. The court reversed and remanded because assault and battery was not a lesser included offense of the charge as pleaded, though bare assault was.
• Silas Wildly Toomer v. State
  332 So. 2d 133· Fla. 1st DCA· 1976-05-24
  The court held that the maximum sentence for bare assault, a second-degree misdemeanor, is 60 days imprisonment, and that sentencing for assault did not violate the single transaction rule as it related to a separate offense from robbery.
• Ford v. State
  329 So. 2d 372· Fla. 3d DCA· 1976-03-30
  Richard Ford was convicted by jury of possessing a stolen automobile and receiving stolen property. He appealed, challenging the sufficiency of evidence and claiming the trial court erred by not instructing the jury on lesser included offenses and the requirement of intent to per
• Estep v. State
  326 So. 2d 200· Fla. 1st DCA· 1976-02-03
• United States v. Harrison
  522 F.2d 693· D.C. Cir.· 1975-11-10
  The court held that the evidence did not support the conviction on Count 1 because the dangerous weapon was not used during the commission of the entry offense. The court remanded to vacate the sentence on Count 1 and consider sentencing on Count 2.
• Elam v. State
  321 So. 2d 94· Fla. 4th DCA· 1975-10-31
• United States v. Wade
  522 F.2d 1271· 6th Cir.· 1975-09-18
  The court held that defense counsel was not misled by the judge's law clerk's communication regarding jury instructions, and therefore, the conviction stands.
• Schneider v. State
  314 So. 2d 622· Fla. 2d DCA· 1975-06-18
  Appellant's conviction for sale of methaqualone was reversed as duplicative of his conviction for delivery of barbiturates, since methaqualone is a barbiturate and delivery includes sale under Florida law.
• Martin v. State
  312 So. 2d 525· Fla. 1st DCA· 1975-05-14
• Rivers v. State
  307 So. 2d 826· Fla. 1st DCA· 1975-01-14
  Rivers was convicted of breaking and entering with intent to commit grand larceny. The appellate court affirmed, holding that evidence of the burglary, prying tool, and jimmied deposit box containing over $3,300 sufficiently established intent to steal more than $100, and that tr
• Braxton Russell v. United States
  507 F.2d 1029· 4th Cir.· 1974-12-27
  The court held that the appellant's conviction for simple possession was valid, as it did not rely on the unconstitutional presumption, but the sentence was vacated due to the district court misapprehending the applicable sentencing range.
• Spigner v. State
  304 So. 2d 496· Fla. 1st DCA· 1974-12-12
  Appellant Spigner was convicted of second-degree murder after trial. He appealed arguing the trial court erred by refusing to instruct the jury on the lesser included offense of attempt. The court affirmed, holding that any error was harmless because the jury convicted of the hig
• Craft v. State
  300 So. 2d 307· Fla. 2d DCA· 1974-09-18
  Ernest Craft was convicted of two separate counts of selling more than five grams of marijuana and sentenced to three years in prison on the first count and three years probation on the second count, to begin after his prison term. The appellate court rejected his challenges to t
• State v. Jackson
  300 So. 2d 37· Fla. 3d DCA· 1974-09-17
  Florida appeals the dismissal of charges against Jackson for receiving stolen property (credit cards and driver's license). The trial court dismissed for lack of jurisdiction based on the low value of the stolen items and resulting misdemeanor classification. The appellate court
• Massey v. City OF Gainesville
  296 So. 2d 64· Fla. 1st DCA· 1974-06-20
  James Massey challenges his conviction for driving while intoxicated and careless driving in Gainesville municipal court, arguing he was entitled to a jury trial under Florida's implied consent law and that careless driving was a lesser included offense. The Florida District Cour
• United States v. McBRIDE
  499 F.2d 525· D.C. Cir.· 1974-05-08
  The court held that while the photographic identification procedure raised concerns, there was no substantial likelihood of misidentification, and assault convictions were vacated as lesser included offenses.
• Wright v. State
  294 So. 2d 48· Fla. 1st DCA· 1974-05-07
  Wright and McCoy appealed their convictions for breaking and entering a Burger King with intent to commit grand larceny. The court reversed the Burger King conviction due to insufficient evidence of the value element required for grand larceny, but remanded for conviction on the
• Dillingham v. State
  293 So. 2d 80· Fla. 3d DCA· 1974-04-09
• Young v. State
  288 So. 2d 275· Fla. 4th DCA· 1974-01-18
• United States v. Thunder
  489 F.2d 938· 8th Cir.· 1974-01-10
  The court held that the appellants were entitled to a jury instruction on lesser included offenses of simple assault and assault and battery, based on subsequent Supreme Court precedent.
• United States v. Adams
  481 F.2d 1099· D.C. Cir.· 1973-06-26
  The court held that assault with a dangerous weapon convictions were lesser included offenses of armed robbery and rape, and affirmed the remaining convictions. The court also found that the joinder of offenses from separate incidents was proper due to distinctive factual similar
• Williams v. Wainwright
  278 So. 2d 641· Fla. 4th DCA· 1973-06-06
  The court held that the evidence presented was insufficient to support a charge of breaking and entering with intent to commit grand larceny.
• Davis v. State
  278 So. 2d 315· Fla. 3d DCA· 1973-05-29
  The court held that the appellant could not benefit from a Supreme Court ruling declaring the statute unconstitutional because his appeal was filed after the ruling's effective date and the ruling was to be applied prospectively only.
• Burney v. State
  276 So. 2d 520· Fla. 2d DCA· 1973-04-27
  James William Burney was convicted by jury of robbery and sentenced to life imprisonment. On appeal, his public defender found no arguable grounds for reversal and sought withdrawal under Anders v. California. The appellate court affirmed the conviction, finding no reversible err
• Herman v. State
  275 So. 2d 264· Fla. 4th DCA· 1973-03-28
  Florida appellate court reversed a second-degree murder conviction because the trial court erred in refusing to instruct the jury on the lesser included offenses of manslaughter and aggravated assault.
• Harvey v. State
  273 So. 2d 100· Fla. 3d DCA· 1973-01-29
  Affirmed grand larceny conviction but reversed breaking and entering conviction, directing entry of judgment for the lesser included offense of entering without breaking under Fla. Stat. § 810.03.
• Oldenburg v. State
  270 So. 2d 387· Fla. 3d DCA· 1972-12-19
• Grant v. State
  269 So. 2d 769· Fla. 3d DCA· 1972-12-05
  Kenneth Grant was convicted of assault with intent to commit second-degree murder, carrying a concealed firearm, and unlawful possession of a habit-forming drug. On appeal, Grant challenged the sufficiency of evidence for the concealed firearm conviction, but the District Court o
• United States v. Cooper
  473 F.2d 95· D.C. Cir.· 1972-11-08
  The court held that the jury instruction on burglary was erroneous because it allowed a conviction based on forming the intent to steal after lawfully entering the premises, rather than requiring the intent to coincide with the entry.
• Williams v. State
  268 So. 2d 543· Fla. 3d DCA· 1972-11-07
  Douglas Ralph Williams appeals his conviction for assault with intent to commit robbery, challenging the appointment of a single public defender to represent him and his co-defendant. The Florida Court of Appeal affirmed, holding that dual representation does not constitute rever
• State v. Fernandez
  270 So. 2d 358· Fla.· 1972-10-11
  Florida's Supreme Court reviewed a District Court of Appeal decision reversing a lottery conviction and held that the trial court properly refused to charge a lesser included offense of selling lottery shares when the defendant was charged with aiding and assisting in conducting
• Parker v. Beto
  466 F.2d 503· 5th Cir.· 1972-09-12
  The court held that the prisoner's grounds for federal habeas corpus relief were without merit.
• Vina v. State
  265 So. 2d 367· Fla.· 1972-07-26
• United States v. Marshall
  463 F.2d 1211· 5th Cir.· 1972-07-07
  The court held that the district court did not err in dismissing a lesser included offense charge, the search and seizure were legal, and the evidence was sufficient to support the conviction.
• United States v. Mitchell
  462 F.2d 583· 9th Cir.· 1972-06-15
  The court held that the stipulation regarding the value of the stolen property was conclusive and that no lesser offense instruction was required.
• Rodriguez v. State
  263 So. 2d 267· Fla. 3d DCA· 1972-06-06
  Rodriguez was convicted of aggravated battery on four counts for backing his car at police officers during a traffic stop. The appellate court reversed the aggravated battery convictions, finding the evidence only supported the lesser included offense of assault, since the office
• Kennedy v. State
  261 So. 2d 862· Fla. 3d DCA· 1972-05-16
  The court held that the trial court did not commit reversible error by proceeding without the Grand Jury transcript, by hearing a motion to suppress at trial, or by instructing the jury on lesser included offenses.
• United States v. Diaz-Rojas
  457 F.2d 797· 9th Cir.· 1972-03-06
• Baker v. State
  254 So. 2d 25· Fla. 1st DCA· 1971-11-02
  The court held that the trial court erred in failing to instruct the jury on lesser included offenses when the matter was timely brought to its attention.
• United States v. Masiello
  445 F.2d 1324· 2d Cir.· 1971-07-21
  The court held that the search and seizure were reasonable and there was sufficient evidence to infer corrupt intent, affirming the convictions.
• United States v. Clark
  443 F.2d 819· 9th Cir.· 1971-06-02
  The court held that the denial of the motion to suppress was not error, and the trial court did not err in failing to instruct the jury on the general smuggling statute as a lesser included offense.
• Baker v. State
  247 So. 2d 495· Fla. 2d DCA· 1971-05-07
  Edith Baker appeals her conviction for second-degree murder, claiming the trial court erred by giving an extemporaneous oral jury charge in addition to written instructions, violating Florida Statute 918.10(2). The appellate court affirms, finding the oral charge merely clarified
• Thadeaus Hoy Culberson v. State
  247 So. 2d 68· Fla. 2d DCA· 1971-04-23
• Thomas A. Guerro (and three others) v. Commissioner Fitzpatrick
  436 F.2d 378· 1st Cir.· 1971-01-26
  The court held that the petitioner's convictions and cumulative sentences for motor vehicle crimes were not unconstitutional and affirmed the denial of his habeas corpus petition.
• United States v. Lumpkins
  439 F.2d 494· D.C. Cir.· 1970-12-23
  The court held that the evidence was sufficient for a reasonable person to conclude the defendant was guilty of manslaughter beyond a reasonable doubt, and the denial of a lesser included offense instruction was not reversible error.
• White v. State
  240 So. 2d 850· Fla. 1st DCA· 1970-11-17
• Kreiling v. Field
  431 F.2d 502· 9th Cir.· 1970-09-14
  The court held that the petitioner's sentence was not cruel and unusual punishment and that his counsel's assistance was effective.
• Thomas v. Craven
  429 F.2d 1194· 9th Cir.· 1970-07-21
  The court affirmed the denial of the habeas corpus petition, finding no merit in the appellant's contentions and that he had not exhausted his state remedies for some issues.