Opinion
No. 3D08-2815.
January 27, 2010.
An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Diane Ward, Judge.
Clayton R. Kaeiser, Miami, for appellant.
Bill McCollum, Attorney General, and Rolando A. Soler, Assistant Attorney General, for appellee.
Before RAMIREZ, C.J., and CORTINAS, J. and SCHWARTZ, Senior Judge.
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).