Roberts v. State

Appellant was charged with attempted first degree murder. Following a jury trial, he was convicted of the lesser included offense of attempted second degree murder. As the state concedes, the trial court's failure to instruct the jury on the necessarily included offense of attempted manslaughter by act amounted to fundamental error because that offense is one step removed from the convicted offense of attempted second degree murder. See Walton v. State , 208 So.3d 60, 64 (Fla. 2016) ; Coleman v. State , 110 So.3d 971, 972 (Fla. 2d DCA 2013). Nothing in the record suggests that appellant…