TERRANCE AIKENS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 2010-01-27
No. 3D08-2815
Before RAMIREZ, C.J., and CORTIÑAS, J. and SCHWARTZ, Senior Judge.
25 So. 3d 1283 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 1 case
Opinion of the Court
PER CURIAM.

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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