The Use of ''And/Or'' In Jury Instructions In Improper

In Garzon v. State, 980 So. 2d 1038, 1045 (Fla. 2008), the Supreme Court of Florida condemned the use of "and/or" and concluded that its use in jury instructions was improper. However, relying heavily on the facts and the strength of the link between the appellant and the crimes, we also concluded that the use of "and/or" did not constitute fundamental error. Id. The charges against each defendant and the evidence applicable to him must be considered separately." As the court noted in Garzon, these instructions "reinforced that the jury was to consider each defendant individually." Garzon, 980 So. 2d at 1044.