Harricharan v. State

David Harrieharan appeals an order denying his postconviction motion after an evidentiary hearing. We affirm as to all issues and write only to address Harri-charan’s argument that the case should be remanded so that he can amend his post-conviction 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’s second element— that the defendant “intentionally caused the death of (victim)” — erroneously required the jury to find proof that the defendant intended to kill the victim in…