Gresham v. State

In Gresham v. State, 725 So. 2d 419, 420 (Fla. 4th DCA 1999), the Court held that convictions for both attempted second degree murder and aggravated battery arising out of a single stabbing incident violated double jeopardy, because the aggravated battery charge did not contain an element that the other lacked. Crucial to this holding was the characterization of aggravated battery as a category 2 lesser included offense of attempted second degree murder by the standard criminal jury instructions. See id. at 420-21. A felony causing a bodily injury is not a lesser included offense of second degree murder. See Fla. Std. Jury Instr. (Crim.)