BARNETT v. STATE

No. 4D11-4325.

121 So.3d 643 (2013)

Leon BARNETT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

September 11, 2013.


Attorney(s) appearing for the Case

Antony P. Ryan , Regional Counsel, and Louis G. Carres , Special Assistant Conflict Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and George Francis , Assistant Attorney General, West Palm Beach, for appellee.


CONNER, J.

The propriety of using the conjunctive-disjunctive phrase "and/or" in charging a defendant or instructing a jury has vexed trial and appellate courts since its use was first addressed by the Florida Supreme Court in Cochrane v. Florida East Coast Railway Co., 107 Fla. 431, 145 So. 217 (1932). On the facts of this case, we hold that the use of "and/or" in jury instructions regarding attempted felony murder against two possible victims was not fundamental...

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