HENRY LAMB, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA HENRY LAMB, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. STATE OF FLORIDA, CASE NO. 1D08-4274 Appellee. _____________________________/ Opinion filed October 14, 2009 An appeal from the Circuit Court for Suwannee County. David W. Fina, Judge. Nancy A. Daniels, Public Defender, and Barbara J. Busharis, Assistant Public Defender, Tallahassee, for Appellant. Bill McCollum, Attorney General, and Giselle Denise Lylen, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Following this court s recent decision in Montgomery v. State, --- So. 2d --(Fla. 1st DCA 2009), rev. granted State v. Montgomery, 11 So. 3d 943 (Fla. 2009), the trial court committed fundamental error by giving the standard jury instruction for attempted manslaughter by act, which adds the additional element that the defendant committed an act intended to cause the death of the victim when attempted manslaughter by act requires only an intentional unlawful act. REVERSED and REMANDED. BARFIELD, KAHN, and VAN NORTWICK, JJ., CONCUR. 2

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