Supreme Court of Florida· 12/11/1986

State v. Wimberly

Citations

498 So. 2d 929
11 Fla. L. Weekly 633

How courts have described this case

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

holding that the last sentence of Rule 3.510(b) applies only to permissive lesser offenses, not to necessarily included lesser offenses, and explaining that necessarily included lesser offenses are “always included in the major offense”
establishing two- prong test to determine whether the trial court should allow a jury instruction for a permissive lesser-included offense
establishing two- prong test to determine whether the trial court should allow a jury instruction for a permissive lesser-included offense
“A ‘necessarily lesser included offense’ is, as the name implies, a lesser offense that is always included in the major offense.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Overton

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Cited by

122 cases in this archive cite this case; the 20 most cited are listed.

Cites

17 cases in this archive are cited by this case.

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