manslaughter by act instruction, requiring the jury to find that defendant intended to kill the victim, erroneously explained Florida law, and constituted fundamental error in a first-degree murder prosecution where the defendant was convicted of second-degree murder). On February 14, 2013, before the initial brief was filed in Jones’ appeal, the Florida Supreme Court extended its holding in Montgomery to the attempted manslaughter instruction. See Williams v. State, 123 So.3d 23, 27 (Fla.2013). Notably, prior to the Supreme Court’s decision in Williams and, indeed, a year and a half prior to Jones’ trial, this Court determined that giving the standard jury instruction on attempted manslaughter by act was fundamental error. See Burton v. State, 125 So.3d 788, 789 (Fla. 5th DCA 2011) (<HOLDING>). Although Montgomery, Williams, and Burton
holding that the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act holding that the defendant who was charged with felony murder was not entitled to a lesser included instruction on manslaughter because manslaughter is neither a lesser included offense nor an inferior degree crime with respect to felony murder holding offense of attempted seconddegree murder exists where there is evidence defendant intended to kill holding no offense of attempted seconddegree murder where statute allows conviction without proof of intent to kill 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