lesser included instruction (Florida) · Go Syfert
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lesser included instruction in Florida

16 Florida opinions name it 2 courts 1987–2020 0 in the last five years

The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (9)

CaseFollowedCited
Rogers v. Stategreen
fladistctapp · 1993 · cited in 3 Florida opinions naming this issue, 1996–2008
2 sentences

2008See State v. Abreau, 363 So.2d 1063 (Fla.1978); Wilcox v. State, 675 So.2d 1043, 1043 (Fla. 4th DCA 1996); Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993).

1996See also Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993).

13
Wilcox v. Stategreen
fladistctapp · 1996 · cited in 2 Florida opinions naming this issue, 1996–2008
2 sentences

2008See State v. Abreau, 363 So.2d 1063 (Fla.1978); Wilcox v. State, 675 So.2d 1043, 1043 (Fla. 4th DCA 1996); Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993).

1996In the recent case of Wilcox v. State, 675 So.2d 1043 (Fla. 4th DCA 1996), this court held that where a defendant is charged with violating section 893.13(l)(a), Florida Statutes (Supp.1994), by possessing with intent to sell, manufacture, or deliver a controlled substance, a lesser-included instruction on simple possession is required to be given if requested.

12
Timothy Anderson v. State of Floridagreen
fladistctapp · 2018 · cited in 1 Florida opinions naming this issue, 2020–2020
1 sentence

2020“Simply put, trial judges should not be told to put on blinders at a charge conference, looking only at an information filed months or years earlier, when it has become obvious that a lesser-included instruction requested by the defendant is appropriate in light of a fact not then in dispute (here, that the car was driven, not dropped from the sky, - 21 - used as a bludgeon, and so on).” Anderson, 247 So. 3d at 685 (Makar, J., concurring in part and dissenting in part).

11
United States v. Fowlergreen
ca6 · 2008 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Cf. State v. Adkins, 553 So.2d 294, 297 (Fla. 1st DCA 1989) (holding that a racketeering charge was properly dismissed when felony perjury under section 837.02, one of two alleged predicate acts charged in the information, was dismissed for failure to state a criminal offense, even though the facts might establish the crime of misdemeanor perjury under section 837.012; that crime and that statute were not delineated in the information); see also United States v. Fowler, 535 F.3d 408, 421 (6th Cir.2008) (noting that a crime alleged as a predicate act for purposes of a racketeering charge is not

11
State v. Adkinsgreen
fladistctapp · 1989 · cited in 1 Florida opinions naming this issue, 2012–2012
1 sentence

2012Cf. State v. Adkins, 553 So.2d 294, 297 (Fla. 1st DCA 1989) (holding that a racketeering charge was properly dismissed when felony perjury under section 837.02, one of two alleged predicate acts charged in the information, was dismissed for failure to state a criminal offense, even though the facts might establish the crime of misdemeanor perjury under section 837.012; that crime and that statute were not delineated in the information); see also United States v. Fowler, 535 F.3d 408, 421 (6th Cir.2008) (noting that a crime alleged as a predicate act for purposes of a racketeering charge is not

11
State v. Abreaugreen
fla · 1978 · cited in 1 Florida opinions naming this issue, 2008–2008
1 sentence

2008See State v. Abreau, 363 So.2d 1063 (Fla.1978); Wilcox v. State, 675 So.2d 1043, 1043 (Fla. 4th DCA 1996); Rogers v. State, 626 So.2d 339 (Fla. 4th DCA 1993).

11
Weber v. Stategreen
fladistctapp · 1992 · cited in 1 Florida opinions naming this issue, 2004–2004
1 sentence

2004To allow a defendant to affirmatively rely on an improper lesser-included instruction and then request reversal on appeal allows that defendant to reduce the criminal justice system to a game that Judge Sharp has described as "heads I win, tails you lose." Weber v. State, 602 So.2d 1316, 1319 (Fla. 5th DCA 1992).

11
Raford v. Stategreen
fladistctapp · 2001 · cited in 1 Florida opinions naming this issue, 2002–2002
1 sentence

2002See Raford, 792 So.2d at 479-80 .

11
State v. Wimberlygreen
fla · 1986 · cited in 1 Florida opinions naming this issue, 1987–1987
1 sentence

1987If Munroe were correct in claiming entitlement to the lesser included instruction, the jury would have been able to exercise its "pardon power." State v. Wimberly, 498 So.2d 929, 932 (Fla. 1986).

11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Piggott v. Stategreen
fladistctapp · 2014 · cited in 1 Florida opinions naming this issue, 2018–2018
1 sentence

2018Id. at 147. 5 We affirm the judgment below and certify conflict with Piggott v. State, 140 So. 3d 666 (Fla. 4th DCA 2014).

11

Also cited on this issue (10)

CaseCitedYears
Morrison v. State green
fladistctapp · 2003
1 sentence

2004SeeState v. Williams, 797 So.2d 1235 (Fla.2001); Morrison v. State, 860 So.2d 458 (Fla. 1st DCA 2003).

12004–2004
State v. Williams green
fla · 2001
1 sentence

2004SeeState v. Williams, 797 So.2d 1235 (Fla.2001); Morrison v. State, 860 So.2d 458 (Fla. 1st DCA 2003).

12004–2004
Kama v. State yellow
fladistctapp · 1987
1 sentence

2001Appellant's argument is grounded on the parental privilege to discipline a child and is based on Kama v. State, 507 So.2d 154 (Fla. 1st DCA 1987), in which a stepfather was charged with inflicting injuries including bruises consistent with being struck by a belt.

12001–2001
Grimes v. State green
fladistctapp · 1994
1 sentence

1995It relies on Lightbourne v. State, 471 So.2d 27 (Fla. 1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So.2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state's response includes attachments and the court's order indicates that state's response was considered); and Bland *1228 v. State, 563 So.2d 794 (Fla. 1st DCA), rev. dismissed, 574 So.2d 139 (Fla. 1990) (failure to attach record not reversible error when court considered transcript from direct appeal, transcript is part of record in r

11995–1995
Bland v. State green
fladistctapp · 1990
1 sentence

1995It relies on Lightbourne v. State, 471 So.2d 27 (Fla. 1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So.2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state's response includes attachments and the court's order indicates that state's response was considered); and Bland *1228 v. State, 563 So.2d 794 (Fla. 1st DCA), rev. dismissed, 574 So.2d 139 (Fla. 1990) (failure to attach record not reversible error when court considered transcript from direct appeal, transcript is part of record in r

11995–1995
Lightbourne v. State green
fla · 1985
1 sentence

1995It relies on Lightbourne v. State, 471 So.2d 27 (Fla. 1985) (attachments not required when claim is legally insufficient); Grimes v. State, 642 So.2d 145 (Fla. 4th DCA 1994) (failure of court to include attachments in a rule 3.800(a) proceeding not error when state's response includes attachments and the court's order indicates that state's response was considered); and Bland *1228 v. State, 563 So.2d 794 (Fla. 1st DCA), rev. dismissed, 574 So.2d 139 (Fla. 1990) (failure to attach record not reversible error when court considered transcript from direct appeal, transcript is part of record in r

11995–1995
Gonzalez v. State neutral
fladistctapp · 1993
1 sentence

1994Gonzalez v. State, 617 So.2d 847 (Fla. 4th DCA 1993).

11994–1994
Torrence v. State green
fladistctapp · 1983
1 sentence

1994While we held in Torrence v. State, 440 So.2d 392 (Fla. 5th DCA 1983), that the conviction and incarceration of a defendant for an offense not charged is not fundamental error, nevertheless few would suggest that such procedure is a sporting way to obtain a conviction.

11994–1994
Thomas v. State green
fladistctapp · 1991
1 sentence

1993See Fla.R.Crim.P. 3.390; Thomas v. State, 591 So.2d 259 (Fla. 4th DCA 1991).

11993–1993
State v. Dene green
fla · 1988
2 sentences

1989However in State v. Dene, 533 So.2d 265 (Fla. 1988) the supreme court discussed the confusion surrounding its Lowery opinion and explained that the result which they reached in that case was correct insofar as "[t]he conviction for second-degree felony murder was valid as a jury pardon because there had been no objection to the lesser included instruction at trial." 533 So.2d at 269 .

1989However in State v. Dene, 533 So.2d 265 (Fla. 1988) the supreme court discussed the confusion surrounding its Lowery opinion and explained that the result which they reached in that case was correct insofar as "[t]he conviction for second-degree felony murder was valid as a jury pardon because there had been no objection to the lesser included instruction at trial." 533 So.2d at 269 .

11989–1989

Statutes the citing opinions construe

FL § 893.13 (5) FL § 784.021 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 149 (1997–2026) WA 108 (1986–2026) KS 70 (1980–2026) CA 68 (1968–2026) MO 50 (1989–2025) AZ 50 (1981–2025) MS 42 (1989–2025) IL 41 (1978–2026) NM 31 (1993–2025) MI 25 (2002–2026) WI 24 (1986–2025) OH 24 (1988–2022) IN 24 (1984–2025) KY 21 (1982–2026) AR 21 (1981–2026) OK 20 (1988–2023) NC 19 (1994–2026) MA 18 (1997–2025) TN 16 (2002–2026) FL 16 (1987–2020) DC 16 (1984–2017) OR 13 (1978–2021) UT 12 (1986–2021) AK 9 (1979–2016) MT 8 (1994–2025) CO 8 (2000–2026) AL 8 (1989–2025) MN 7 (2003–2026) SD 6 (1993–2025) WV 6 (2013–2026) RI 5 (1999–2020) NE 5 (2001–2025) WY 4 (1992–2017) HI 4 (1997–2014) VA 3 (1995–2013) NV 3 (2006–2017) VT 3 (2010–2025) GA 3 (2015–2025) IA 2 (2023–2024) NH 2 (1975–2020) CT 2 (1995–1999) ID 2 (1993–2011) NJ 2 (2009–2022) NY 2 (2002–2008) DE 2 (1995–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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