[Steve_Seattle]

"You’ll have to forgive me, I’m not an attorney but I’ll give a spitball answer. My understanding is that under the legal theory of “merger doctrine” the original charging document (as in this case) alleged Murder in 2nd degree. As a result all lesser offenses (3rd degree murder, manslaughter) are automatically indcluded even if they are not specified in the original indictment."

Then why do we hear - in previous cases - about prosecutorial "overreach" in going after a more serious charge when a lesser charge would be easier to prove? And is "child abuse" a lesser charge in a second-degree murder trial?

[JPX2011]

I think it’s because the prosecution can’t request a jury instruction to include a greater offense. The prosecution here can’t request a jury instruction for murder in the 1st degree. So often the prosecutor will “overreach” because the prosecutor knows the lesser offenses are automatically included. This doctrine may vary from state to state and I don’t know what the FL statute says on this.