CURIAM. Petition denied. Cubelo v. State, 41 So.3d 263 (Fla. 3d DCA 2010) (<HOLDING>); Salonko v. State, 42 So.3d 801 (Fla. 1st DCA
holding jury instruction on lesser included offense of attempted voluntary manslaughter by act which required finding of intent to kill constituted fundamental error and required reversal of defendants conviction for seconddegree murder holding that erroneous manslaughter instruction that defendant intentionally caused the death of the victim did not constitute fundamental error certifying question  if a jury returns a verdict finding a defendant guilty of seconddegree murder in a case where the evidence does not support a theory of culpable negligence does a trial court commit fundamental error by giving a flawed manslaughter by act instruction when it also gives an instruction on manslaughter by culpable negligence holding that the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act holding erroneous jury instruction on manslaughter by intentional act not fundamental error where trial court also instructed jury on manslaughter by culpable negligence holding that fundamental error can be waived when defense counsel requests an erroneous jury instruction