HARRIS v. STATE

No. 3D05-1446.

937 So.2d 211 (2006)

Robert Lewis HARRIS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 1, 2006.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Maria T. Armas, Assistant Attorney General, for appellee.

Before GREEN, FLETCHER, and RAMIREZ, JJ.


ON MOTION FOR REHEARING DENIED

PER CURIAM.

The motion for rehearing is denied. We withdraw our June 21, 2006 opinion and substitute the following in its place. Robert Lewis Harris appeals his conviction, asserting that the trial court committed fundamental error when it included the conjunction "and/or" in the jury instruction between his name and that of a co-defendant. We reverse, finding that the use of the "and/or" conjunction in the instruction...

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