Perez v. State

Nilo Morales Perez challenges his conviction for attempted second-degree murder with a deadly weapon, arguing that he is entitled to a new trial. Perez correctly contends that, pursuant to Williams v. State, 123 So.3d 23 (Fla.2013), it was fundamental error for the trial court to give the then-standard jury instruction for attempted manslaughter by act, which required proof that he intended to kill the victim.

Perez was charged by amended information with attempted premeditated murder with a deadly weapon. A jury ultimately convicted Perez of attempted second-degree murder with a deadly…