Opinion
No. 1D08-4981.
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.
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 victim when manslaughter by act only an intentional unlawful act.
REVERSED and REMANDED.
WOLF, KAHN, AND VAN NORTWICK, JJ., concur.