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WASHINGTON v. STATE

No. 1D07-3110.

18 So.3d 600 (2009)

Benjamin WASHINGTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

April 13, 2009.

Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Philip W. Edwards, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.

PER CURIAM.

The defendant appeals his conviction, arguing that the trial court committed fundamental error by giving a jury instruction for manslaughter by act that required the state to prove that the defendant "intentionally caused the death" of the victim. Based on this court's recent decision in Montgomery v. State, 34 Fla. L. Weekly D360, ___ So.3d ___, 2009 WL 350624 (Fla. 1st DCA Feb. 12, 2009) (question certified; conflict certified), we reverse the...

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