Necessarily Lesser Included Offense

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

• Walton v. State
  360 So. 2d 50· Fla. 2d DCA· 1978-06-23 ·cited 10×
  Clyde Walton appealed his conviction and sentence for multiple drug and firearm offenses. The court affirmed his convictions but remanded for resentencing, holding that the trial court improperly imposed separate sentences for carrying a concealed firearm and carrying a concealed
• Crumley v. State
  489 So. 2d 112· Fla. 1st DCA· 1986-05-15 ·cited 8×
  A defendant cannot be convicted and sentenced for both aggravated battery and battery of a law enforcement officer when both offenses arise from the same battery and involve the same victim, despite the Blockburger test distinguishing them as separate crimes, because the legislat
• Vaczek v. State
  477 So. 2d 1034· Fla. 5th DCA· 1985-10-03 ·cited 8×
  Patricia Vaczek was convicted of attempted first degree murder for stabbing a pregnant coworker. The appellate court reversed and remanded for a new trial, finding that the prosecutor violated a pretrial order by eliciting testimony about the victim's pregnancy, which was so infl
• Garcia v. State
  476 So. 2d 170· Fla.· 1985-08-29 ·cited 8×
  The Florida Supreme Court answered a certified question of great public importance by holding that a defendant cannot be convicted of a necessarily lesser included offense after conviction of the greater crime, even if not sentenced. The court approved Garcia's convictions for bo
• Clements v. State
  284 So. 2d 700· Fla. 3d DCA· 1973-10-24 ·cited 8×
  The court held that a defendant's waiver of lesser included offenses, even if contrary to mandatory procedural rules, does not constitute reversible error on appeal if the defendant failed to object to the waiver below.
• In re Standard Jury Instructions IN Crim. Cases-Report NO. 2010-04
  53 So. 3d 1017· Fla.· 2011-01-06 ·cited 7×
  The Court authorizes the publication and use of the amended standard jury instruction for Felony Murder – First Degree, as proposed by the Committee.
• Deaunte Phillips v. State
  961 So. 2d 1137· Fla. 2d DCA· 2007-08-15 ·cited 6×
  Deaunte Phillips was convicted of possession of cannabis with intent to sell based on circumstantial evidence that 26.6 grams of marijuana were packaged in ten individual plastic bags. The appellate court reversed the conviction for possession with intent to sell, holding that th
• Hagood v. State
  824 So. 2d 252· Fla. 4th DCA· 2002-08-07 ·cited 6×
  The Fourth District Court of Appeal reversed Johnny Hagood's conviction for driving with a revoked license as a habitual traffic offender because the trial court erred in refusing to instruct the jury on the lesser-included offense of driving without a valid driver's license.
• Hall v. State
  634 So. 2d 1124· Fla. 5th DCA· 1994-04-08 ·cited 6×
  The trial court committed reversible error by allowing the state, over defense objection, to introduce evidence of Deputy Carpenter's twelve-year good-conduct record to bolster his credibility where the defense had attacked only his actions during the arrest, not his reputation f
• State v. Jarvis Gerrard Green
  149 So. 3d 1146· Fla. 2d DCA· 2014-06-18 ·cited 5×
  The State appealed a trial court's order that reduced Green's burglary conviction to trespass based on a motion for judgment of acquittal. The Florida District Court of Appeal reversed, holding that trespass is only a permissive lesser-included offense of burglary, not a necessar
• Cummings v. State
  103 So. 3d 1048· Fla. 2d DCA· 2013-01-04 ·cited 5×
  Robert Cummings sought postconviction relief arguing his appellate counsel was ineffective for failing to raise that a manslaughter-by-act jury instruction constituted fundamental error. The court agreed, finding that under State v. Montgomery, the same erroneous instruction that
• King v. State
  911 So. 2d 857· Fla. 1st DCA· 2005-09-22 ·cited 5×
  A trial court must instruct the jury on a necessarily included lesser offense, even if the victim's status as a law enforcement officer is undisputed.
• Higgins v. State
  553 So. 2d 177· Fla. 1st DCA· 1989-07-12 ·cited 5×
• Whitehall v. State
  81 So. 3d 599· Fla. 2d DCA· 2012-03-07 ·cited 4×
  The Florida Second District Court of Appeal reversed Thomas Whitehall's conviction for the second-degree felony of fleeing to elude with high speed or wanton disregard, holding that the State violated the speedy trial rule by amending the original third-degree felony charge to a
• R.W. v. State
  646 So. 2d 783· Fla. 2d DCA· 1994-11-30 ·cited 4×
  A juvenile was adjudicated guilty of possession of cannabis with intent to sell within 200 feet of a public housing facility, but the Florida Supreme Court declared that statutory provision unconstitutional. The appellate court vacated the adjudication and remanded for entry of a
• Williams v. State
  579 So. 2d 754· Fla. 3d DCA· 1991-04-16 ·cited 4×
  The trial court erred in refusing to instruct the jury on simple robbery as a lesser-included offense of armed robbery, and this error was not harmless.
• State v. Manno
  550 So. 2d 31· Fla. 3d DCA· 1989-08-15 ·cited 4×
  Florida affirmed the trial court's grant of a new trial because the defendant was entitled to a jury instruction on reckless driving as a lesser included offense when the cause of death was disputed, despite the state's concession that reckless driving is necessarily lesser to ve
• Jarvis Jerome Dillard v. State
  544 So. 2d 329· Fla. 5th DCA· 1989-06-08 ·cited 4×
  The court held that the trial court erred by refusing to instruct the jury on simple battery as a lesser included offense of felony battery in a detention facility.
• Reginaldo Carvalho v. State
  513 So. 2d 1321· Fla. 3d DCA· 1987-09-29 ·cited 4×
  Defendant's conviction for trafficking in cocaine in excess of 400 grams was reversed because the trial court failed to instruct the jury on simple possession of cocaine, a necessarily included lesser offense, and the defendant's stipulation to possessing over 400 grams did not c
• Chapin v. State
  458 So. 2d 339· Fla. 5th DCA· 1984-10-11 ·cited 4×
  Chapin appeals his convictions for third-degree felony murder and trafficking in cannabis, challenging the denial of his motion to suppress evidence and arguing double jeopardy bars simultaneous conviction for both the underlying felony and felony murder based on the same felony.
• Carey v. Dep't of Corr.
  57 F.4th 985· 11th Cir.· 2023-01-17 ·cited 3×
  Trial counsel did not provide ineffective assistance by requesting jury instructions on lesser included offenses, and the claim of insufficient evidence is procedurally barred.
• Gertman v. State
  223 So. 2d 798· Fla. 3d DCA· 1969-06-10 ·cited 3×
  The appellate court reviewed whether the trial court erred in failing to instruct the jury on robbery as a necessarily included lesser offense in a first-degree murder trial based on felony murder, despite the defendant not making a specific request for such an instruction.
• Reggie Eugene Allen v. State
  324 So. 3d 920· Fla.· 2021-09-02 ·cited 2×
  The Florida Supreme Court answered a certified question of great public importance, holding that sexual battery is not a necessarily lesser included offense of capital sexual battery because their victim-age elements are mutually exclusive—capital sexual battery requires a victim
• Reggie Eugene Allen v. State
  298 So. 3d 704· Fla. 1st DCA· 2020-06-29 ·cited 2×
  Reggie Eugene Allen appeals his convictions for sexual battery and related offenses, challenging the trial court's refusal to instruct the jury on sexual battery as a necessarily lesser included offense to capital sexual battery. The appellate court affirms, holding that sexual b
• Jarrell L. Lathan v. State
  270 So. 3d 1262· Fla. 5th DCA· 2019-05-03 ·cited 2×
  A defendant in a noncapital case may waive his or her right to have the jury instructed on necessarily lesser included offenses through counsel's affirmative declination to the trial court, and no personal waiver from the defendant is required. Appellate counsel was not ineffecti
• Grant v. State
  189 So. 3d 878· Fla. 4th DCA· 2016-02-24 ·cited 2×
  Jamie Grant petitioned for habeas corpus relief alleging ineffective assistance of appellate counsel for failing to raise on direct appeal the trial court's error in denying a jury instruction on the necessarily lesser-included offense of attempted armed robbery with a weapon. Th
• L.C.G. v. State
  91 So. 3d 197· Fla. 2d DCA· 2012-06-15 ·cited 2×
  The court held that a conviction for resisting an officer without violence cannot stand when it is not a necessarily lesser-included offense of the charged crime and the charging document fails to allege its essential elements.
• Clark v. State
  920 So. 2d 634· Fla. 4th DCA· 2005-05-04 ·cited 2×
  Willie Lee Clark was convicted of both escape and resisting arrest without violence based on the same conduct. The Fourth District Court of Appeal held that these are separate offenses under Florida's double jeopardy analysis and affirmed both convictions, finding that the offens
• Skriver v. State
  861 So. 2d 1290· Fla. 5th DCA· 2004-01-09 ·cited 2×
• Tilbert Baynham v. State
  862 So. 2d 808· Fla. 4th DCA· 2003-12-03 ·cited 2×
  The Fourth District Court of Appeal reversed Baynham's carjacking conviction, holding that the trial court erred in refusing to instruct the jury on robbery as a necessarily lesser-included offense of carjacking. The court concluded that because every carjacking is also a robbery
• Espinosa v. State
  690 So. 2d 656· Fla. 5th DCA· 1997-03-14 ·cited 2×
  The court held that the trial court must determine if the evidence presented at trial was sufficient to convict the defendant for the greater offense of resisting an officer with violence, even though the jury convicted him of a lesser offense.
• T.Y. v. State
  660 So. 2d 771· Fla. 3d DCA· 1995-09-13 ·cited 2×
  T.Y., a juvenile, was acquitted of robbery but adjudicated delinquent for both petit theft and assault as lesser included offenses. The Florida Third District Court of Appeal held that trial courts in juvenile delinquency cases may only convict of necessarily lesser included offe
• Miller v. State
  509 So. 2d 1387· Fla. 4th DCA· 1987-07-29 ·cited 2×
  The court held that the trial court erred in failing to instruct the jury on the necessarily lesser included offense of driving while intoxicated.
• Hartley v. State
  27 So. 3d 233· Fla. 2d DCA· 2010-02-17 ·cited 1×
• Gould v. State
  577 So. 2d 1302· Fla.· 1991-03-21 ·cited 1×
  The Florida Supreme Court held that section 794.011(5) sexual battery is not a necessarily included lesser offense of section 794.011(4)(a) sexual battery on a physically helpless victim because the former requires proof of actual physical force while the latter does not. The cou
• Reggie Eugene Allen v. State
  Fla.· 2021-09-23
  The Florida Supreme Court answered a certified question regarding whether sexual battery under § 794.011(5) is a necessarily lesser included offense of capital sexual battery under § 794.011(2)(a). The Court held that it is not, because sexual battery requires a victim age twelve
• Wisler Louis v. State
  Fla. 1st DCA· 2021-04-30
  The appellate court affirmed the defendant's conviction and sentences, addressing his claim that jury instructions on lesser-included offenses were improperly given. The court found that while the defendant waived instruction on lesser-included offenses, the State did not consent
• Lowery v. State
  Fla. 1st DCA· 2019-06-20
  The conviction for first-degree felony murder while engaged in aggravated child abuse was affirmed. Medical expert testimony that the child died from non-accidental blunt force head trauma, combined with circumstantial evidence including the defendant's inconsistent statements an
• Franklin v. State
  272 So. 3d 860· Fla. 2d DCA· 2019-05-29
  Franklin petitioned for relief claiming ineffective assistance of appellate counsel for failure to challenge a jury instruction on a necessarily lesser included offense (attempted voluntary manslaughter). The court denied the State's motion for rehearing, finding that controlling
• Ervin J. Lewis v. State
  211 So. 3d 279· Fla. 1st DCA· 2017-02-07
  The Florida First District Court of Appeal reversed Lewis's conviction for battery within a detention facility due to the trial court's failure to instruct the jury on the lesser-included offense of simple battery, following binding precedent despite recognizing the rule creates
• Spence v. State
  150 So. 3d 245· Fla. 2d DCA· 2014-08-01
  The court held that the trial court committed reversible error by failing to instruct the jury on the necessarily included lesser offense of no valid driver's license when requested by the defendant.
• Spence v. State
  138 So. 3d 598· Fla. 2d DCA· 2014-05-09
  The court held that the trial court committed reversible error by failing to instruct the jury on the necessarily included lesser offense of no valid driver's license when requested by the defendant.
• Jaren Ashley Hare v. State
  114 So. 3d 252· Fla. 5th DCA· 2013-01-25
  Jaren Hare and Charles Darnell appeal convictions for aggravated manslaughter of a child by culpable negligence and child neglect. The court affirms the manslaughter convictions but vacates the child neglect convictions as violating double jeopardy, holding that child neglect is
• A.D. v. State
  15 So. 3d 831· Fla. 2d DCA· 2009-07-24
  A.D. was charged with felony child abuse in juvenile court, but after the trial court granted her motion for judgment of acquittal on that charge, it found her guilty of the lesser-included offense of contributing to the delinquency or dependency of a child. The appellate court r
• State v. Rico Shandel Young
  932 So. 2d 1278· Fla. 2d DCA· 2006-07-14
  The State appeals a postconviction court's order granting Rico Young a new trial for armed burglary based on his counsel's alleged ineffectiveness in failing to request a jury instruction on the lesser-included offense of simple burglary. The court reverses, holding that while th
• Rodriguez v. State
  789 So. 2d 513· Fla. 5th DCA· 2001-07-13
  Jorge Rodriguez appeals his conviction for battery on a law enforcement officer, arguing the trial court erred by refusing to instruct the jury on the necessarily lesser included offense of simple battery. The Fifth District Court of Appeal agrees and reverses, holding that trial
• Lycette v. State
  707 So. 2d 875· Fla. 4th DCA· 1998-03-04
  Donald Lycette appeals his convictions for burglary with battery and criminal mischief. The appellate court reversed his conviction and remanded for a new trial, holding that the trial court erred in refusing to instruct the jury on simple battery as a lesser included offense whe
• Tolbert v. State
  679 So. 2d 816· Fla. 4th DCA· 1996-08-14
  The court held that the appellant's general objection to jury instructions on lesser included offenses was insufficient to preserve for appeal the issue of whether aggravated battery, a permissible lesser included offense, should have been instructed when an element was not alleg
• Crevitz v. State
  673 So. 2d 168· Fla. 3d DCA· 1996-05-15
  Crevitz was convicted of resisting an officer with violence, but the trial court improperly refused to instruct the jury on the lesser included offense of resisting without violence. The appellate court reversed because case law establishes this is a permissive lesser included of