Knight v. State
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The Supreme Court approved the result of the decision of the First District Court of Appeal affirming Defendant's conviction for attempted second-degree murder with a weapon where the jury was given an erroneous jury instruction on the lesser included offense of attempted voluntary manslaughter with a weapon, holding that the trial court's unobjected-to, erroneous jury instruction did not constitute fundamental error.
On appeal, the First District concluded that the erroneous jury instruction did not constitute fundamental error because the Supreme Court abrogated the jury pardon doctrine. The Supreme Court affirmed, holding that fundamental error did not occur in this case because there was no error in the jury instruction on the offense of conviction, the evidence supported that offense, and Defendant's constitutional rights were not violated even if Defendant was deprived of an opportunity for partial jury nullification.
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