You’re welcome. I just wanted to provide some links to the official instructions and approved lessers by the FL Supreme Court. There’s been much confusion about it.
In short, the accusatory pleading filed by Angela Corey charged GZ of second degree murder with a depraved mind. However, the jury instructions for that crime must include instructions for category one lesser-included offenses unless the prosecution asks to exclude them.
no the prosecution has to ask to INclude and then judge has discretion.
defent always gets it if asked.
that the rules.