Fredrick Lee Wade v. State of Florida

Fredrick Lee Wade challenges his conviction for second-degree murder. The jury could have reasonably viewed the evidence as establishing second-degree murder, manslaughter by act, or manslaughter by culpable negligence. Although the court instructed the jury on manslaughter by act as a lesser included offense of the charged offense, the jury was not given the opportunity to consider manslaughter by culpable negligence. Under the facts of this case, the omission of instructions on manslaughter by culpable negligence constituted fundamental error. See Jenkins v. State, 107 So.3d 560 (Fla. 1st…