“They dont get to pick and choose the level. Its either guilty or not guilty of first degree murder as chosen by the prosecutor.”
Second- and third-degree murder are lesser included offenses for first-degree murder, meaning that yes, jurors do get to “pick and choose the level.” Here, the jurors clearly couldn’t choose which level fit.
In FLorida it’s up to the judge whether to allow the jury to consider lesser charges. By default, no they can’t.