Mr. Garzon and Mr. Balthazar were charged with criminal conspiracy, armed burglary, robbery, kidnaping, and extortion. At their trial, the judge used "and/or" between their names before giving the jury instructions. Mr. Garzon was convicted of all charges except for extortion; Mr. Balthazar was convicted of all charges. On appeal, they argued that the use of the "and/or" was a fundamental error. The Fourth District Court of Appeal concluded that if there was an error it was harmless but also certified conflict with rulings by other courts on unrelated but similar cases.