Oh okay. Thank you for the clarification, and a final question if I can impose on you: The prosecution would be required to ask the judge to instruct the jury to consider a lesser offense (manslaughter) because the original charge was Murder 2?
Manslaughter is a “lesser included charge” to murder 2 in Florida, which means that it’s automatically on the table.
I think what will happen is that in their closing arguments both pro and defense will “suggest” what instructions they’d like the judge to give the jury, including about the charges. Then the judge will weigh that with the law and instruct the jury.
Here’s a link to a pretty good article on the legal doctrine behind the charges in this trial, although I DO NOT AGREE with the author’s conclusion that killing Skittles was unwarranted.