Florida District Courts of Appeal, 2009

Harrington v. State

Harrington v. State
Florida District Courts of Appeal · Decided August 26, 2009 · Kahn, Van Nortwick, Wolf
16 So. 3d 292; 2009 Fla. App. LEXIS 13112; 2009 WL 2602368 (Southern Reporter, Third Series)

Harrington v. State

Opinion

PER CURIAM.

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.

REVERSED and REMANDED.

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

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