Cubelo v. State

The question we must resolve in this appeal is whether the trial court fundamentally erred by giving the then-existing standard jury instruction on manslaughter, as a lesser included offense of second degree murder. Based on the circumstances of this case, we find no fundamental error, and therefore affirm the defendant’s conviction for second-degree murder with a weapon.

The defendant was charged with second-degree murder with a weapon, a knife. Manslaughter is a category one lesser included offense of second-degree murder. Section 782.07(1) provides that the crime of manslaughter may be…