The defendant, Nelsenn Simon, appealed from a conviction and sentence for second degree murder raising, among other issues, that the trial court gave a fundamentally erroneous jury instruction on the lesser included offense of manslaughter because it included the same intent element of the greater offense of second degree murder. His conviction was affirmed based on this court's opinion in Singh v. State, 36 So.3d 848 (Fla. 4th DCA 2010). Simon v. State, 38 So.3d 793, 795 (Fla. 4th DCA 2010). In Singh, where the defendant was prosecuted for first degree murder and convicted of the lesser included offense of second degree murder, we held that the trial court did not fundamentally err in giving the standard jury instruction on manslaughter, which required a jury finding that the defendant “intentionally caused the death” of the victim or that the death of the victim “was caused by the culpable negligence” of the defendant.