¶1We affirm appellant’s robbery conviction but reverse the conviction for attempted second degree murder and remand for a new trial. The trial court, apparently under the mistaken belief that no such crime existed, refused to instruct the jury on the lesser-included offense of attempted manslaughter. This was reversible error. See Marshall v. State, 529 So.2d 797 (Fla. 3d DCA 1988); Hunter v. State, 389 So.2d 661 *622(Fla. 4th DCA 1988); Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1980).
557 So. 2d 621
Fleming v. State
District Court of Appeal of Florida
Decided February 14, 1990
District Court of Appeal of Florida · decided 1990-02-14
Cited by 1 later decisions — most recently February 2016
1 state decisions
Relies on Hunter v. State · 529 So. 2d 797 - Marshall v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1990-02-14
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