Opinion
No. 89-0149.
February 14, 1990. Rehearing and Stay Denied March 29, 1990.
Appeal from the Circuit Court, Broward County, Patti Englander Henning, J.
Richard L. Jorandby, Public Defender, and Tanja Ostapoff, Asst. Public Defender, West Palm Beach, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Deborah Guller, Asst. Atty. Gen., West Palm Beach, for appellee.
We affirm appellant's robbery conviction but reverse the conviction for attempted second degree murder and remand for a new trial. The trial court, apparently under the mistaken belief that no such crime existed, refused to instruct the jury on the lesser-included offense of attempted manslaughter. This was reversible error. See Marshall v. State, 529 So.2d 797 (Fla. 3d DCA 1988); Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1988); Hunter v. State, 389 So.2d 661 (Fla. 4th DCA 1980).
DOWNEY, ANSTEAD and LETTS, JJ., concur.