Bradshaw v. State

SCHWARTZ, Senior Judge.

Bradshaw was charged and convicted of second degree murder. We are compelled to reverse because the lower court fundamentally erred, requiring a new trial even without objection below, in charging the jury on the lesser included offense of manslaughter by instructing only as to the culpable negligence prong and omitting entirely the manslaughter by act aspect of the crime. See Bolin v. State, 8 So.3d 428 (Fla. 2d DCA 2009) (identical situation); Reed v. State, 531 So.2d 358 (Fla. 5th DCA 1988) (applying rule to reverse situation in which manslaughter by act given and…