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Butler v. State

District Court of Appeal of Florida, First District
Jun 27, 1996
676 So. 2d 1034 (Fla. Dist. Ct. App. 1996)

Summary

reversing for new trial because defendant's attorney, not defendant personally, waived defendant's right to be present in courtroom during jury selection

Summary of this case from Brower v. State

Opinion

No. 95-1146.

June 27, 1996.

Appeal from the Circuit Court, Leon County, J. Lewis Hall, J.

Nancy A. Daniels, Public Defender, and Raymond Dix, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General, and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, for Appellee.


The appellant challenges convictions and sentences entered after a jury trial during which he was not present in the courtroom for jury selection. Although his attorney purported to waive the appellant's right to be present, the court did not obtain a personal waiver from the appellant or confirm the appellant's acquiescence and ratification of his attorney's actions, as required by Coney v. State., 653 So.2d 1009 (Fla.), cert. denied, ___ U.S. ___, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995). The state asserts that an objection was required to preserve this issue for appeal, in accordance with Gibson v. State, 661 So.2d 288 (Fla. 1995). But the court did not suggest in Gibson that it intended to recede from the recent ruling in Coney, which obligates the trial court to make a proper inquiry regarding the defendant's personal waiver or acquiescence. See also Mejia v. State, 675 So.2d 996 (Fla. 1st DCA 1996). Because such personal waiver or acquiescence was not obtained in the present case, the appealed orders are reversed and the case is remanded.

WEBSTER and MICKLE, JJ., concur.


Summaries of

Butler v. State

District Court of Appeal of Florida, First District
Jun 27, 1996
676 So. 2d 1034 (Fla. Dist. Ct. App. 1996)

reversing for new trial because defendant's attorney, not defendant personally, waived defendant's right to be present in courtroom during jury selection

Summary of this case from Brower v. State
Case details for

Butler v. State

Case Details

Full title:JEFF BUTLER, III, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: Jun 27, 1996

Citations

676 So. 2d 1034 (Fla. Dist. Ct. App. 1996)

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