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WINCHEL v. STATE

No. 84-222.

456 So.2d 1277 (1984)

Larry Dean WINCHEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

September 28, 1984.

Attorney(s) appearing for the Case

Jerry Hill, Public Defender, Larry G. Bryant, Asst. Public Defender, Bartow, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Gary O. Welch, Asst. Atty. Gen., Tampa, for appellee.

GRIMES, Judge.

This case concerns the waiver of appellant's right to a jury trial.

Appellant was charged with attempted robbery with a weapon and possession of a controlled substance. At the opening of trial, appellant was not present in the courtroom. The following colloquy occurred:

MR. FOGLEMAN [State Attorney]: I ASK THAT THE DEFENDANT BE SEATED AT DEFENSE TABLE. MR. BRANNING [Defense Attorney]: I AM SORRY. I WILL GET HIM. I APOLOGIZE...

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