Christopher Dean v. State of Florida

I concur in answering the certified question in the affirmative by concluding that manslaughter is a lesser included offense of second-degree murder. I dissent, however, from the decision to approve “the result of the Fourth District’s decision to affirm Dean’s convictions.” Majority op. at 425. Under our case law, the trial court’s error in failing to instruct the jury on manslaughter, a category one lesser included offense of second-degree felony murder, is per se reversible. Accordingly, I would quash the Fourth District’s decision in Dean v. State, 199 So.3d 932 (Fla. 4th DCA 2016), and…