RICHARD DALE HARRINGTON, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RICHARD DALE HARRINGTON, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED Appellant, v. CASE NO. 1D08-4981 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed August 26, 2009. An appeal from the Circuit Court for Walton County. Kelvin C. Wells, Judge. James C. Banks of Law Firm of Banks & Morris, P.A., Tallahassee, for Appellant. Bill McCollum, Attorney General, and Jennifer J. Moore, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. Following this court s recent decision in Montgomery v. State, 34 Fla. Law Weekly D360 (Fla. 1st DCA February 12, 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 victim when manslaughter by act requires only an intentional unlawful act. REVERSED and REMANDED. WOLF, KAHN, AND VAN NORTWICK, JJ., CONCUR. 2

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