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Florida District Courts of Appeal, 1999

Brown v. State

Brown v. State
Florida District Courts of Appeal · Decided September 17, 1999 · Judith, Kreeger, Stevenson, Warner
739 So. 2d 745; 1999 Fla. App. LEXIS 12375; 1999 WL 741057 (Southern Reporter, Second Series)

Brown v. State

Opinion of the Court

PER CURIAM.

Appellant challenges his conviction for delivery of cocaine pursuant to sections *746893.03(2)(a)4. and 893.12(l)(a), Florida Statutes (1997), on the ground that the trial court erred by leaving the courtroom during voir dire of prospective jurors. The State concedes error, and we reverse. See State v. Singletary, 549 So.2d 996, 999 (Fla. 1989) (“[N]o questioning of prospective jurors in a criminal case may take place outside of the presence of a trial judge. This requirement cannot be waived by anyone, including a defendant.”) (footnote omitted).

Reverse and remand for a new trial.

WARNER, C.J., STEVENSON, J., and KREEGER, JUDITH L., Associate Judge, concur.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.

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