Smith v. State

Convicted of an organized scheme to defraud, appellant Peter Scott Smith challenges the use of the “and/or” conjunction between his name and the name of his co-defendant in the jury instruction on the elements of the crime. He claims the court’s giving of the instruction was fundamental error, even though he requested that the court give it. We affirm, concluding not only that the argument was waived by appellant’s request, but also that given the totality of the circumstances the instruction was not fundamental error.

Appellant and his co-defendant were charged by amended information with…