Harrington v. State (16 So. 3d 292, 2009)

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-tim when manslaughter by act requires only an intentional unlawful act.

REVERSED and REMANDED.

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