JOHNSON v. STATE

No. 1D09-1177.

18 So.3d 732 (2009)

Jessie James JOHNSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

October 14, 2009.


Attorney(s) appearing for the Case

Nancy A. Daniels, Public Defender, and Barbara J. Busharis, Assistant Public Defender, Tallahassee, for Appellant.

Bill McCollum, Attorney General, and Meredith Charbula, Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

AFFIRMED.

ROBERTS, and CLARK, JJ., concur.

BROWNING, JR., EDWIN B., Senior Judge, concurs with separate opinion.

BROWNING, JR., EDWIN B., Senior Judge, concurs.

I concur based on the dictates of Garzon v. State, 980 So.2d 1038 (Fla.2008). However, I do so with a caveat: The use of "and/or" in informations and jury instructions is now clearly established as error. Trial judges, prosecutors...

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