Roberts v. State

Appellant challenges her judgment and sentence for attempted second-degree murder. She raises three issues on appeal. We affirm, but find two issues merit discussion: whether the trial court committed fundamental error in failing to instruct on the. necessarily lesser-included offense of attempted manslaughter, and whether the trial court committed fundamental error in giving contradictory instructions on the duty to retreat which misstated the law and negated appellant’s only defense.

I. FACTS

The State presented evidence that appellant shot the victim, Catrina Howard, in the face during a…