Williams v. State
Cases that cite this one
2 later published cases cite this decision.
- Watkins v. State (Fla. Dist. Ct. App. 1998)
- Wilcott v. State (Fla. 1987)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Defendant, charged with attempted first-degree murder, was found guilty of attempted second-degree murder. He claims that the trial court committed reversible error by declining to instruct the jury on the crime of attempted third-degree murder. We agree.
It is now well-settled that the crime of attempted third-degree murder exists in Florida. See State v. Overfelt, 457 So.2d 1385 (Fla. 1984); Gentry v. State, 437 So.2d 1097 (Fla. 1983). It is equally well-settled that “the failure to instruct on the next immediate lesser-included offense (one step removed) constitutes error that is per se reversible.” State v. Abreau, 363 So.2d 1063 (Fla. 1978). Thus, the trial court’s refusal to instruct on attempted third-degree murder, the next immediate lesser-included offense to the crime of attempted second-degree murder, requires reversal of defendant’s conviction and sentence for the crime of attempted second-degree murder.
REVERSED and REMANDED for NEW TRIAL.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.