District Court of Appeal of Florida

Conviction for second-degree murder is reversed where the use of "and/or" in the jury instruction may have misled the jury since it could have based defendant's conviction solely on the acts of his co-defendant, thus the instruction constituted fundamental error.

Appellate Information

• Decided 06/21/2006
• Published 06/21/2006

Judges

• Before GREEN, FLETCHER, and RAMIREZ, JJ.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.


• For Appellees:
  
• Charles J. Crist, Jr., Attorney General, and Maria T. Armas, Assistant Attorney General, for appellee.