Gilliam v. State

Full title: DARREN LARON GILLIAM, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Feb 11, 1998

705 So. 2d 138 (Fla. Dist. Ct. App. 1998)

Opinion

Case No. 96-2202

Opinion filed February 11, 1998. JANUARY TERM, A.D. 1998

An appeal from the Circuit Court for Dade County, Alex E. Ferrer, Judge. L.T. No. 95-39286

Bennett H. Brummer, Public Defender and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Fredericka Sands, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT, and GREEN, JJ.

PER CURIAM.

We find no error pursuant to Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, 116 S.Ct. 315 (1995), where the record conclusively demonstrates that all of the prospective venire persons had been excused from the courtroom when the peremptory challenges were made in open court, and the appellant was present at all times to confer with his counsel about such challenges.

Affirmed.