Jessie Claire Roberts v. State of Florida

Jessie Claire Roberts seeks review of the decision of the First District Court of Appeal in Roberts v. State , 168 So.3d 252 (Fla. 1st DCA 2015), on the ground that it expressly and directly conflicts with this Court's decision in Walton v. State , 208 So.3d 60 (Fla. 2016), on the issue of whether the failure to instruct on the necessarily lesser included offense of manslaughter by act constitutes fundamental error. We have jurisdiction. See art. V, § 3(b)(3), Fla. Const. For the reasons explained below, we quash the decision below to the extent it is inconsistent with Walton and remand to…