242 So. 3d 296
Fla.2018Background
- Jessie Claire Roberts was charged with attempted second-degree murder and several firearm/cannabis offenses; pled guilty to two minor counts and was convicted by a jury of attempted second-degree murder (with firearm enhancement).
- Trial evidence: victim testified Roberts shot her during a marijuana-transaction dispute; Roberts testified she fired in self-defense while retreating.
- Jury was instructed on attempted second-degree murder and two lesser offenses (aggravated battery, aggravated assault); trial court did not instruct on attempted manslaughter by act and defense counsel did not request that instruction.
- On appeal the First District affirmed Roberts’ convictions; Roberts sought review here arguing the omission of the attempted-manslaughter instruction was fundamental error.
- The Florida Supreme Court held Walton v. State controls and that omission of an unrequested instruction on the necessarily lesser included offense of attempted manslaughter by act is fundamental error; Roberts is entitled to a new trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether failure to give an unrequested instruction on the necessarily lesser included offense of attempted manslaughter by act is fundamental error | Roberts: omission of the manslaughter-by-act instruction for attempted second-degree murder is fundamental error and requires a new trial | State/First District: omission of an unrequested instruction on a necessarily lesser included offense in a noncapital case is not fundamental error | Held: Failure to instruct on attempted manslaughter by act (a necessarily lesser included offense) is fundamental error; new trial required (Walton controls) |
Key Cases Cited
- Walton v. State, 208 So.3d 60 (Fla. 2016) (holding failure to give attempted-manslaughter instruction where charged with attempted second-degree murder is fundamental error)
- State v. Delva, 575 So.2d 643 (Fla. 1991) (defines fundamental-error standard and contemporaneous-objection rule)
- State v. Montgomery, 39 So.3d 252 (Fla. 2010) (trial judge must give instruction on necessarily lesser included offenses)
- State v. Weller, 590 So.2d 923 (Fla. 1991) (explains concept of necessarily lesser included offenses)
- State v. Wimberly, 498 So.2d 929 (Fla. 1986) (trial judge has no discretion to refuse instruction on necessarily lesser included offense)