Jessie Claire Roberts, Petitioner v. State of Florida, Respondent.

Summary

The court held that failing to instruct the jury on attempted manslaughter by act, a necessarily lesser included offense of attempted second-degree murder, was fundamental error even though the defense did not request the instruction. Because the omission entitled Roberts to a new trial, the court quashed the decision below to the extent inconsistent with that rule and remanded. Justice Polston, joined by Justices Canady and Lawson, dissented and would have rejected fundamental-error relief and receded from the governing precedent.