State v. Spencer
Annotate this CaseDefendant was convicted of two counts of attempted second-degree murder. The First District Court of Appeal reversed the convictions because the trial court “failed to instruct that [Defendant] could not be guilty of attempted manslaughter if the attempted killings were either justifiable or excusable homicide.” The court then certified the same question of great public importance that it previously certified in Moore v. State. The Supreme Court approved the holding of the First District and answered the certified question as follows: where the record reflects there was no evidence presented from which a jury could find justifiable or excusable attempted homicide, fundamental error occurs when the trial court fails to instruct on justifiable or excusable attempted homicide, and the defendant is convicted of attempted manslaughter or a greater offense not more than one step removed.
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