Jones v. State (1996)

Jones v. State, 666 So.2d 960, 963 (Fla.Dist.Ct.App.1996); see also Amado v. State, 585 So.2d 282, 282-83 (Fla.1991). 4 *286 The state court concluded that Bell’s counsel’s decision not to request the criminal mischief instruction was a matter of reasonable trial strategy.

The Florida Supreme Court has summarized the trial judge’s obligation in this regard as follows: Upon request, a trial judge must give a jury, instruction on a permissive lesser included offense if the following two conditions are' met: “(1) the indictment or information must allege all the- statutory elements of the permissive lesser included offense; and (2) there must be 'some evidence adduced at trial establishing all of these elements.” Jones v. State, 666 So.2d 960, 96…

In connection with permissive lesser-included offenses, our supreme court has said: Upon request, a trial judge must give a jury instruction on a permissive lesser included offense if the following two conditions are met: "(1) the indictment or information must allege all the statutory elements of the permissive lesser included offense; and (2) there must be some evidence adduced at trial establishing all of these elements." Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 19…

An instruction on a permissive lesser-included offense is authorized only when two conditions are met: “(1) the indictment or information must allege all the statutory elements of the permissive lesser included offense; and (2) there must be some evidence adduced at trial establishing all of these elements.” Khianthalat II, 974 So. 2d at 361 (quoting Jones v. State, 1 Appellant was also found guilty of sexual battery against A.C. and simple battery (as a necessary lesser-inc…

A trial judge is therefore required to give a jury instruction on a permissive lesser-included offense (upon request) “if the following two conditions are met: ‘(1) the indictment or information must allege all the statutory elements of the permissive lesser included offense; and (2) there must be some evidence adduced at trial establishing all of these elements.’ ” Khianthalat, 974 So. 2d at 361 (quoting Jones v. State, 666 So. 2d 960, 964 (Fla. 3d DCA 1996)).

Jones v. State, 666 So. 2d 960, 964 (Fla. 3d DCA 1996).

“Upon request, a trial judge must give a jury instruction on a permissive lesser included offense if the following two conditions are met: ‘(1) the indictment or information must allege all the statutory elements of the permissive lesser included offense; and (2) there must be some evidence adduced at trial establishing all of these elements.’ ” Khianthalat v. State, 974 So.2d 359, 361 (Fla.2008) (quoting Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996)); see also Willi…

Jones v. State, 666 So.2d 960, 963 (Fla. 3d DCA 1996); Brown v. State, 206 So.2d 377, 383 (Fla.1968); see also Fla. R.Crim.

In order for the trial court to instruct the jury on a category two permissive lesser-included offense, “the indictment or information must allege all the statutory elements of the subject lesser offense, and the evidence at trial must establish each of these elements.” Jones v. State, 666 So. 2d 960, 963 (Fla. 3d DCA 1996) (citing Brown v. State, 206 So. 2d 377 (Fla. 1968)).

We have previously explained the circumstances under which a defendant is entitled to an instruction on a permissive lesser included offense: Upon request, a trial judge must give a jury instruction on a permissive lesser included offense if the following two conditions are met: “(1) the indictment or information must allege all the statutory elements of the permissive lesser included offense; and (2) there must be some evidence adduced at trial establishing all of these ele…

Jones v. State, 666 So. 2d 960, 964 (Fla. 3d DCA 1996).

A defendant is entitled to an instruction on a permissive lesser included offense upon request where two conditions are met: “(1) the indictment or information must allege all the statutory elements of the permissive lesser included offense; and (2) there must be some evidence adduced at trial establishing all of these elements.” Khianthalat, 974 So.2d at 361 (quoting Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996)); see also Fla. R.

Khiantharlat v. State, 974 So.2d 359, 361 (Fla.2008) (citing Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996)); see also Fla. R.

Upon request, a trial judge must give a jury instruction on a permissive lesser included offense if the following two conditions are met: "(1) the indictment or information must allege all the statutory elements of the permissive lesser included offense; and (2) there must be some evidence adduced at trial establishing all of these elements." Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996) (citing Brown v. State, 206 So.2d 377, 383 (Fla.1968)).

Jones v. State, 666 So.2d 960, 963 (Fla. 3d DCA 1996); see also Amado v. State, 585 So.2d 282 (Fla.1991).

Moreover, the state did not establish that J.Y.’s behavior constituted trespass in a conveyance, a lesser included offense of burglary, State v. G.C., 572 So.2d 1380 (Fla.1991); D.L. v. State, 567 So.2d 5 (Fla. 3d DCA 1990), as the state presented no proof in this case to demonstrate lack of consent, an element of the offense of trespass. § 810.08(1), Fla. Stat. (1995); Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996).

Fryer v. State, 732 So.2d 30, 33 (Fla. 5th DCA 1999) (emphasis added); accord Jones v. State, 666 So.2d 960, 963 (Fla. 3d DCA 1996); see § 812.014(2)(c)6, Fla. Stat. (2006).

See § 812.014(1), 1 In violation of section 812.014(2)(c)6., Florida Statutes. 2 In violation of section 810.02(4)(b), Florida Statutes. 4 Fla. Stat.; see also Jones v. State, 666 So. 2d 960, 964 (Fla. 3d DCA 1996).

See Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996).

See Jones v. State, 666 So.2d 960, 964 (Fla. 3d DCA 1996) (citing Brown v. State, 206 So.2d 377, 383 (Fla.1968)).

See Jones v. State, 666 So.2d 960, 963 (Fla. 3d DCA 1996).

See Jones v. State, 666 So.2d 960 (Fla. 3d DCA 1996); Sanchez v. State, 664 So.2d 331 (Fla. 3d DCA 1995).

See Jones v. State, 666 So.2d 960, 963 (Fla. 3d DCA 1996). [3] Section 794.011, entitled "Sexual battery," provides in pertinent part: (1) As used in the chapter: .... (h) "Sexual battery" means oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object; however, sexual battery does not include an act done for a bona fide medical purpose. .... (2)(a) A person 18 years of age or older who…

See Jones v. State, 666 So.2d 960 (Fla. 3d DCA 1996); Jones v. State, 466 So.2d 301 (Fla. 3d DCA 1985).

See Jones v. State, 666 So.2d 960 (Fla. 3d DCA 1996).

See Jones v. State, 666 So.2d 960 (Fla. 3d DCA 1996); Sanchez v. State, 664 So.2d 331 (Fla. 3d DCA 1995) (defendant was not entitled to jury instruction on trespass in conveyance where information charging grand theft of motor vehicle did not allege statutory element of trespass that defendant “willfully entered or remained” in complainant’s motor vehicle).

See Wilson, 383 So.2d at 671 (where defendant did not assert as grounds for his objection the failure of the state to allege elements of permissible lesser included offense, defendant cannot claim this error on appeal); Courson, 414 So.2d at 209 (same); see also Nurse v. State, 658 So.2d 1074 , 1080 n. 4 (Fla. 3d DCA 1995) (an objection to instruction on lesser on one ground does not preserve for appeal a challenge to same instruction on different ground), rev. denied, 667 S…