Michael Joe McCoy v. State of Florida

Appellant Michael J. McCoy was charged with the second-degree murder of a man with whom he believed his wife was having an affair and of the attempted second-degree murder of the wife. A jury found him guilty of the lesser-included offenses of manslaughter and aggravated battery with a firearm. On appeal, he challenges his judgment and sentence for aggravated battery with a firearm, alleging that the jury instructions and verdict form were fundamentally erroneous because the aggravated battery was listed after the attempted manslaughter option. He avers that lesser offenses must be listed on…