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HARRICHARAN v. STATE

No. 5D10-102.

59 So.3d 1162 (2011)

David HARRICHARAN, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 7, 2011.

Attorney(s) appearing for the Case

Richard C. Klugh , of Richard C. Klugh, PLLC, and Mark Seiden , of Law Offices of Mark Seiden, P.A., Miami, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Douglas T. Squire , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

David Harricharan appeals an order denying his postconviction motion after an evidentiary hearing. We affirm as to all issues and write only to address Harricharan's argument that the case should be remanded so that he can amend his postconviction motion to include a claim of fundamental error based upon State v. Montgomery, 39 So.3d 252 (Fla.2010) (holding that the standard manslaughter by act jury instruction...

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