Louttit v. State

Defendant brings this appeal from a conviction and sentence for attempted first-degree murder. He contends that the court erred in rejecting his request for an instruction on attempted manslaughter.

Where defendant was convicted of attempted first-degree murder as charged, and the jury was also instructed on attempted second-degree murder and aggravated battery as lesser included offenses, the failure to instruct on attempted manslaughter, a two-step removed lesser-included offense, was not harmful error. State v. Abreau, 363 So.2d 1063 (Fla.1978). More to the point, because there was no…