Originally Posted By: the G-man
It depends on the laws of each state. However, usually it is up to the defense whether to ask the court to allow the jury to convict on a lesser charge than what was originally indicted.


...and, apparently, Florida is one of the states where the prosecution has the right to make the request as well.

Looks like that's what they're doing now, changing the theory of the case at the last minute to make sure they get a conviction.