Florida District Courts of Appeal, 2010

Aikens v. State

Aikens v. State
Florida District Courts of Appeal · Decided January 27, 2010 · Ramirez, Cortiñas, Schwartz
25 So. 3d 1283; 2010 Fla. App. LEXIS 520; 2010 WL 289102 (Southern Reporter, Third Series)

Aikens v. State

Opinion

PER CURIAM.

Affirmed.

The claim was time-barred, see Hughes v. State, 22 So.3d 132 (Fla. 2d DCA 2009). In addition, under the facts of this case, the erroneous use of “and/or” in the jury instruction did not constitute fundamental error, see Garzon v. State, 980 So.2d 1038 (Fla. 2008).

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