SMITH v. STATE

No. 83-2165.

476 So.2d 748 (1985)

Edward SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 8, 1985.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Richard L. Polin, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and JORGENSON, JJ.


FERGUSON, Judge.

We are not persuaded that the security measure of excluding a defendant from the bench conference where peremptory challenges are exercised outside the jury's hearing, after he and counsel have had an opportunity to confer as to how each challenge will be exercised, deprives the defendant of participation at a critical stage of the trial proceedings. Cf. Francis v. State, 413 So.2d 1175 (Fla. 1982) (exercise...

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