Necessarily Included Offense

68 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Palmer v. State
  489 So. 2d 226· Fla. 5th DCA· 1986-06-05 ·cited 4×
  The court held that vendors of wine are subject to the floor tax imposed by section 17 of chapter 83-349, Laws of Florida, on alcoholic beverages in their inventory on the effective date of the tax increase.
• Cervantes v. State
  415 So. 2d 105· Fla. 3d DCA· 1982-06-15 ·cited 4×
  The court held that a probationary order is not a sentence and can be entered upon multiple convictions, and is not invalid under Section 775.021(4) when no sentence is imposed.
• Bruns v. State
  408 So. 2d 228· Fla. 4th DCA· 1981-08-26 ·cited 4×
  Gary Bruns was convicted of robbery of property valued under $100, but the trial court erroneously refused to instruct the jury on the necessarily included offense of petit larceny. The Fourth District Court of Appeal reversed, holding that such refusal constitutes reversible per
• Stephens v. State
  396 So. 2d 741· Fla. 5th DCA· 1981-03-18 ·cited 4×
  The court held that the trial court did not err in refusing to instruct the jury on robbery without a weapon, as it was not a necessarily included offense one step removed from robbery with a firearm.
• Haynes v. State
  377 So. 2d 771· Fla. 4th DCA· 1979-12-05 ·cited 4×
  Court affirmed armed robbery conviction but reversed grand larceny conviction because larceny is a necessarily included offense in robbery and a defendant cannot be convicted of both arising from the same transaction.
• State v. Wilson
  734 So. 2d 521· Fla. 2d DCA· 1999-05-21 ·cited 2×
  The State appealed a trial court's sentencing determination that ranked attempted second-degree murder of a law enforcement officer as a level four offense. The appellate court reversed, holding that section 784.07(3) only applies to attempted first-degree murder, so the offense
• Williams v. State
  656 So. 2d 572· Fla. 1st DCA· 1995-06-19 ·cited 2×
  James H. Williams appeals the denial of his Rule 3.850 post-conviction motion alleging four instances of ineffective assistance of counsel in his convictions for resisting an officer and battery on correctional officers. The appellate court affirmed denial of one claim but revers
• Harris v. State
  650 So. 2d 211· Fla. 3d DCA· 1995-02-15 ·cited 2×
  Joseph Harris appealed his conviction for aggravated assault with a firearm and improper exhibition of a firearm, challenging the trial court's reduction of the greater charge to a permissive lesser included offense and an allegedly improper witness reference to his arrest. The a
• Gonzalez v. State
  617 So. 2d 847· Fla. 4th DCA· 1993-05-05 ·cited 2×
  Gonzalez was convicted of trafficking in cocaine in an amount of 400 grams or more after the trial court refused to instruct the jury on necessarily included lesser offenses involving smaller quantities (28-200 grams and 200-400 grams). The appellate court reversed, holding that
• State v. Lampley
  250 So. 2d 911· Fla. 3d DCA· 1971-08-03 ·cited 2×
  The State appeals an order dismissing a marijuana possession charge, which was dismissed by the trial court on double jeopardy grounds due to a prior municipal conviction for being under the influence of alcohol or drugs.
• Smith v. State
  233 So. 2d 870· Fla. 4th DCA· 1970-03-18 ·cited 2×
  Petitioner was charged with conspiracy to commit first degree murder but convicted of conspiracy to commit assault and battery. The court granted certiorari and reversed, holding that assault and battery is not a necessarily included offense in conspiracy to commit first degree m
• Eltesa Williams v. Turner
  421 F.2d 168· 10th Cir.· 1970-02-06 ·cited 2×
  The court held that a plea of guilty to obtaining money by false pretenses is void if the defendant was only charged with forgery, as the former is not a necessarily included offense of the latter under Utah law.
• Roberts v. State
  14 Fla. L. Weekly 1170· Fla. 4th DCA· 2018-12-05
  The Fourth District Court of Appeal of Florida reversed a conviction for attempted second-degree murder, finding that the trial court committed fundamental error by failing to instruct the jury on the necessarily included offense of attempted manslaughter by act. The court grante
• Astrop v. State
  682 So. 2d 1153· Fla. 5th DCA· 1996-10-18
  Henry Lewis Astrop was convicted of both burglary of a dwelling with an assault and a separate assault charge arising from the same conduct when he broke into a home and threatened his girlfriend. The Florida Fifth District Court of Appeal reversed the separate assault conviction
• Mickey Saunders v. State
  641 So. 2d 130· Fla. 4th DCA· 1994-06-22
  The court held that the trial court lacked the authority to substitute a charge of aggravated assault with a firearm for armed robbery with a firearm.
• Cabo v. State
  459 So. 2d 1144· Fla. 3d DCA· 1984-11-27
  Affirmed conviction for trafficking in methaqualone but reversed conviction for unlawful possession as a necessarily included offense barred by double jeopardy.
• 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.
• Moses v. State
  242 So. 2d 145· Fla. 2d DCA· 1970-12-16
  Earl Fred Moses appeals the denial of his post-conviction motion to vacate his conviction for assault with intent to commit manslaughter. The court affirmed the denial, holding that challenges to jury charge omissions must be raised on direct appeal, not in post-conviction procee