GARZON v. STATE

No. 4D04-4699, No. 4D04-4705.

939 So.2d 278 (2006)

ZAMIR GARZON and RAY C. BALTHAZAR, Appellants, v. STATE OF FLORIDA, Appellee.

District Court of Appeal of Florida, Fourth District.

October 18, 2006.


Attorney(s) appearing for the Case

Samuel R.R. Halpern, Fort Lauderdale, for appellant Zamir Garzon.

John Cotrone, Fort Lauderdale, for appellant Ray Balthazar.

Charles J. Crist, Jr., Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, J.

The primary issue we address in this case is whether the trial court's use of the "and/or" conjunction between the names of codefendants in jury instructions on substantive crimes amounted to fundamental error. We hold that, under the facts of this case, no fundamental error occurred, since the principals instruction placed the substantive crime instructions in the proper context. However, we find that fundamental error did occur, on a separate ground, as...

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