Weber v. State

DAVIS, Judge.

Sascha Weber, in the sole ground in his petition filed pursuant to Florida Rule of Appellate Procedure 9.141(d), contends that his appellate counsel was ineffective in failing to argue that the standard instruction provided to the jury for attempted manslaughter by act, also known as attempted voluntary manslaughter, constituted fundamental error because it imposed an additional element of intent to kill.1 We agree.

This case is controlled by our decision in Betts v. State, — So.3d -, 2011 WL 6058312 (Fla. 2d DCA 2011). Both Weber and Betts were charged with attempted first-degree…