Okaloosa County

Mr. Knight was convicted of attempted second-degree murder with a weapon. Mr. Knight appealed his conviction arguing that jurors were given an erroneous instruction on the lesser-included offense of involuntary manslaughter with a weapon that included the element of “intent to kill.” The First District Court of Appeal held that the erroneous jury instruction was not fundamental error and that it was waived. The First District also certified conflict with a decision of another district court and certified a question of great public importance.

Appearance for Petitioner: Glenn P. Gifford, Asst. Public Defender, Tallahassee, 850-606-8500
Appearance for Respondent: Kaitlin R. Weiss, Asst. Attorney General, Tallahassee, 850-414-3300