Moore v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that an instruction on a permissive lesser included offense is required “if the charging instrument and the evidence admitted would support a conviction on the next lesser offense” (emphasis added)
• “Here, the evidence established, and no one disputed, the mobile home was used as a dwelling.”
• “[B]oth the charging document and the evidence supported a finding that the mobile home was a nonresidential, unoccupied structure.”
• “The schedule of lesser included offenses is designed to be a complete, authoritative compilation that is presumed to be correct and upon which a trial court can confidently rely.”
• “While a structure is not always a dwelling, a dwelling is always a structure within the broad definition of the term ‘structure’ found in the arson statute.... ”
• “The schedule of lesser included offenses [found in the standard jury instructions] is designed to be a complete, authoritative compilation that is 14 presumed to be correct and upon which a trial court can confidently rely.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

12 cases in this archive cite this case.

• Clark v. State
  District Court of Appeal of Florida· 2010-08-25· cited 11×
• Vernon Stevens v. State of Florida
  Supreme Court of Florida· 2017-09-14· cited 5×
• Wong v. State
  District Court of Appeal of Florida· 2015-09-11· cited 4×
• Stevens v. State
  District Court of Appeal of Florida· 2016-06-24· cited 4×
• Neals v. State
  District Court of Appeal of Florida· 2007-06-06· cited 3×
• J.O. v. State
  District Court of Appeal of Florida· 2010-03-24· cited 3×
• Freeman v. State
  District Court of Appeal of Florida· 2007-11-16· cited 1×
• ROGER E. CARUTHERS v. STATE OF FLORIDA
  District Court of Appeal of Florida· 2017-11-01· cited 1×
• Castro v. State
  District Court of Appeal of Florida· 2006-10-18· cited 1×
• Damico v. State
  District Court of Appeal of Florida· 2006-12-20· cited 1×
• JO v. State
  District Court of Appeal of Florida· 2010-03-24
• Thelma Denise Lowery v. State of Florida
  District Court of Appeal of Florida· 2019-06-20

Cites

9 cases in this archive are cited by this case.

• Ray v. State
  Supreme Court of Florida· 1981-07-30· cited 256×
• In re Trial Courts of the Standard Jury Instructions in Criminal Cases
  Supreme Court of Florida· 1981-04-16· cited 130×
• Standard Jury Instructions-Criminal Cases
  Supreme Court of Florida· 1992-07-02· cited 79×
• Amado v. State
  Supreme Court of Florida· 1991-09-05· cited 60×
• State v. Daophin
  Supreme Court of Florida· 1988-10-20· cited 35×
• Standard Jury Instructions in Criminal Cases (97-2)
  Supreme Court of Florida· 1998-07-16· cited 26×
• Boland v. State
  District Court of Appeal of Florida· 2005-02-18· cited 13×
• Wimberly v. State
  District Court of Appeal of Florida· 1997-08-13· cited 9×
• Higgins v. State
  Supreme Court of Florida· 1990-07-12· cited 8×