GREEN v. STATE

No. 2D05-3283.

968 So.2d 86 (2007)

Richard GREEN, a/k/a Richard Reginald Green, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

November 16, 2007.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John Thor White, Special Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Tonja Rene Vickers, Assistant Attorney General, Tampa, for Appellee.


WALLACE, Judge.

Richard Green appeals his judgments and sentences for robbery with a firearm and four counts of aggravated assault with a firearm. He argues that the trial court committed fundamental error when it used the expression "and/or" between his name and his codefendant's name while instructing the jury. Mr. Green contends that this error requires a new trial on all charges. We agree that the use of "and/or" in the jury instructions for the aggravated assault...

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