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16 So. 3d 292

Harrington v. State

District Court of Appeal of Florida

Decided August 26, 2009

District Court of Appeal of Florida · decided 2009-08-26

Decided 2009-08-26

PER CURIAM.

¶1 Following this court’s recent decision in Montgomery v. State, — So.3d-, 2009 WL 350624 (Fla. 1st DCA 2009), we hold that the trial court committed fundamental error by giving the standard jury instruction for manslaughter by act which added the additional element that the defendant “intentionally caused the death” of the vie- *293 tim when manslaughter by act requires only an intentional unlawful act.

¶2 REVERSED and REMANDED.

WOLF, KAHN, AND VAN NORTWICK, JJ., concur.
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