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905 So. 2d 931

Docket No. 2D03-395.

Rios v. State

Nestor RIOS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided June 3, 2005.

Rehearing Denied July 12, 2005.

District Court of Appeal of Florida · decided 2005-06-03

Cited by 8 later decisions — most recently April 2008

8 state decisions

Key passage — most relied on by later courts

“the trial court committed fundamental error by including the conjunction and/or between Rios's and Cabrera's names in the jury instructions for the various crimes”

quoted by 1 later decision, including 922 So. 2d 1013 - Tolbert v. State

Relies on Cabrera v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2005-06-03

View the full empirical analysis of this case →

¶1Heather M. Gray of Bodiford & Associates, P.A., Tampa, for Appellant.

¶2Charles J. Crist, Jr., Attorney General, Tallahassee, and Richard M. Franklin, Assistant *932 Attorney General, Tampa, for Appellee.

¶3NORTHCUTT, Judge.

¶4The State charged Nestor Rios and several codefendants with racketeering, conspiracy and drug trafficking offenses. Rios was tried with codefendant Miguel Cabrera. As we have explained in our opinion in Cabrera v. State,890 So.2d 506, 508 (Fla. 2d DCA 2005), the trial court committed fundamental error by including the conjunction and/or between Rios's and Cabrera's names in the jury instructions for the various crimes. For example, in a trafficking instruction, the judge stated that the jurors must find that "Miguel A. Cabrera and/or Nelson E. Rios knew that the substance was heroin...." The State has conceded that the decision in Cabrera controls this appeal. Accordingly, we reverse Rios's convictions and remand for a new trial.

¶5Reversed and remanded.

¶6CASANUEVA and LaROSE, JJ., concur.

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