Dean v. State

Manslaughter is a category one lesser included offense of second-degree felony murder.The Fourth District Court of Appeal granted Defendant’s motion to certify to the Supreme Court the question of whether manslaughter is a necessarily lesser included offense of second-degree felony murder after Defendant appealed his conviction of second-degree felony murder and burglary. On appeal, Defendant argued that the trial court erred in denying his request for an instruction on manslaughter as a lesser included offense of second-degree felony murder. The Supreme Court answered the appellate court’s certified question in the affirmative, holding that manslaughter is a necessarily lesser included offense of second-degree felony murder. View "Dean v. State" on Justia Law