Amaya v. State

Florida District Courts of Appeal
Amaya v. State, 641 So. 2d 466 (1994)
1994 Fla. App. LEXIS 8101; 1994 WL 440577
Anstead, Klein, Pariente

Amaya v. State

Opinion of the Court

PER CURIAM.

We reverse and remand for a new trial because of the trial court’s error in refusing appellant access to counsel during an overnight recess at trial. We reject appellant’s claims that the trial court erred in denying motions to dismiss and for directed verdict.

The state concedes, and we agree, that the trial court erred in refusing appellant access to counsel. See Geders v. United States, 425 U.S. 80, 96 S.Ct. 1330, 47 L.Ed.2d 592 (1976); Bova v. State, 410 So.2d 1343 (Fla. 1982). Further, we are unable to determine that the error was harmless under the strict test set out in State v. DiGuilio, 491 So.2d 1129 (Fla. 1986).

ANSTEAD, KLEIN and PARIENTE, JJ., concur.

Reference

Full Case Name
Hector AMAYA v. STATE of Florida
Cited By
1 case
Status
Published