Florida District Courts of Appeal, 1997

Allen v. State

Allen v. State
Florida District Courts of Appeal · Decided September 16, 1997 · Lawrence, Mickle, Miner
698 So. 2d 1364; 1997 Fla. App. LEXIS 10559; 1997 WL 578288 (Southern Reporter, Second Series)

Allen v. State

Opinion of the Court

PER CURIAM.

Eddie John Allen (Allen) directly appeals his conviction and sentence, solely on the basis that he was denied his right to be present at the bench conference during which peremptory challenges were exercised. His trial took place on March 27, 1996. We agree that we are obliged to reverse and remand for a new trial. Coney v. State, 653 So.2d 1009 (Fla. 1995), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995).

REVERSED and REMANDED for new trial.

MINER, MICKLE and LAWRENCE, JJ., concur.

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