Lugones v. State

Abel Lugones appeals from a conviction and sentence for aggravated battery with a deadly weapon. He asserts that the trial court erred in giving the then-current standard jury instruction on attempted manslaughter, which included an element of intent to kill, where he was ultimately convicted of an offense not more than one step removed from the attempted manslaughter charge. We agree and reverse.

FACTS AND PROCEDURAL HISTORY

On the night of March 13, 2010, Lugones attended a birthday party where heavy drinking occurred. By the end of the night, Lugones had suffered serious injuries from being…