Hernandez v. State

Full title: MODESTO HERNANDEZ, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Jan 24, 1989

543 So. 2d 755 (Fla. Dist. Ct. App. 1989)

Opinion

No. 87-2701.

January 24, 1989.

An Appeal from the Circuit Court for Dade County, Ronald M. Friedman, Judge.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., and Mary Jane Feanny, Certified Legal Intern, for appellee.

Before SCHWARTZ, C.J., and BARKDULL and JORGENSON, JJ.

PER CURIAM.

The judgment of the trial court is reversed, and the cause is remanded for a new trial upon the authority of Singletary v. State, 543 So.2d 755 (Fla. 3d DCA 1988), and Carter v. State, 512 So.2d 284 (Fla. 3d DCA 1987). We again certify to the Florida supreme court the following question of great importance to the administration of justice:

MAY THE DEFENDANT'S RIGHT TO HAVE THE TRIAL JUDGE PRESENT DURING THE VOIR DIRE OF PROSPECTIVE JURORS BE VALIDLY WAIVED BY HIS ATTORNEY OR MUST THE DEFENDANT PERSONALLY WAIVE SUCH RIGHT?

REVERSED AND REMANDED; QUESTION CERTIFIED.