SMITH v. STATE

No. 4D09-4360.

76 So.3d 1056 (2011)

Peter Scott SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

December 21, 2011.


Attorney(s) appearing for the Case

Philip J. Massa , Regional Counsel, and Randall Berman , Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Myra J. Fried , Assistant Attorney General, West Palm Beach, for appellee.


WARNER, J.

Convicted of an organized scheme to defraud, appellant Peter Scott Smith challenges the use of the "and/or" conjunction between his name and the name of his co-defendant in the jury instruction on the elements of the crime. He claims the court's giving of the instruction was fundamental error, even though he requested that the court give it. We affirm, concluding not only that the argument was waived by appellant's request, but also that given the totality...

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