Zairon Jarquis Fussell v. State of Florida

On direct appeal, Zairon Jarquis Fussell contends his conviction for conspiracy to commit aggravated assault with a deadly weapon, in violation of section 777.04(3), Florida Statutes (2012), (but not his conviction for attempted murder) should be reversed on grounds using the conjunction “and/or” in the jury instructions constituted fundamental error. We affirm.

The jury heard evidence that: Mr. Fus-sell and a co-defendant, Robert Morris, quarreled with Micca Gamble, Jacoryana Minnieñeld, Brandon Richardson and Amber Richardson (the movie patrons) in a theater. The argument subsided before the…