Manslaughter is a lesser included offense of 2nd Degree Murder. In other words, the same elements needed to find someone guilty of Manslaughter are very similar to those of 2nd Degree Murder (the homicide charge requiring intent, whereas manslaughter involves recklessness). It is very common. That’s why defense attorney West went nuts when the State tried to include 3rd Degree Murder - homicide while committing child abuse. Those elements are completely different than the elements of 2nd Degree Murder, and the case was never about that. Defense attorneys are presumed to be aware of lesser included offenses, and 90% of the time it is they who call for it, in the hopes of getting their clients a lesser conviction.
The State, in its close, took the position (do you agree with this, Governor Scott) that legal CCW = intent.
THAT is what this case is really all about.