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AGUILERA v. STATE

No. 3D05-422.

975 So.2d 1270 (2008)

Reynyer AGUILERA, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 12, 2008.

Attorney(s) appearing for the Case

Black, Srebnick, Kornspan & Stumpf and Roy Black and Christine M. Ng, Miami, for appellant.

Bill McCollum, Attorney General, and Angel L. Fleming, Assistant Attorney General, for appellee.

Before COPE, GREEN, and SALTER, JJ.

SALTER, J.

Reynyer Aguilera appeals the judgment and sentence following a jury verdict finding him guilty of second-degree murder, aggravated battery, and use of a firearm while committing a felony. Aguilera raises two points here: that an "and/or" jury instruction was fundamental and reversible error in light of the actions of his codefendant,1 and that there was not legally sufficient evidence to support Aguilera's conviction for second...

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