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RIOS v. STATE

No. 2D03-395.

905 So.2d 931 (2005)

Nestor RIOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied July 12, 2005.

Attorney(s) appearing for the Case

Heather M. Gray of Bodiford & Associates, P.A., Tampa, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Franklin, Assistant Attorney General, Tampa, for Appellee.

NORTHCUTT, Judge.

The State charged Nestor Rios and several codefendants with racketeering, conspiracy and drug trafficking offenses. Rios was tried with codefendant Miguel Cabrera. As we have explained in our opinion in Cabrera v. State, 890 So.2d 506, 508 (Fla. 2d DCA 2005), the trial court committed fundamental error by including the conjunction and/or between Rios's and Cabrera's names in the jury instructions for the...

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