Anderson v. State

Montez Anderson, Appellant, challenges his conviction and sentence for attempted second-degree murder. We reverse and remand for a new trial because the trial court fundamentally erred in instructing the jury that intent to kill was an element of attempted manslaughter by act, which was the lesser-included offense one step removed from the crime of which Appellant was convicted. See State v. Montgomery, 39 So.3d 252, 258-60 (Fla.2010); Lamb v. State, 18 So.3d 734, 735 (Fla. 1st DCA 2009); Herring v. State, 43 So.3d 823, 824 (Fla. 1st DCA 2010).

Our reversal based on the erroneous attempted…