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CAPERS v. STATE

No. 85-166.

479 So.2d 187 (1985)

Lawrence CAPERS and Leonard Capers, Appellants. v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 30, 1985.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, and Louis M. Jepeway, Jr., Sp. Asst. Public Defender, for appellants.

Jim Smith, Atty. Gen., and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and FERGUSON, JJ.

FERGUSON, Judge.

The order under review, which summarily denied appellants' motion for post-conviction relief on a holding that the claim is not cognizable in a proceeding brought pursuant to Florida Rule of Criminal Procedure 3.850, is reversed. Appellants' claim here, that they were denied the right to be present during a critical stage of the trial proceeding, may be raised in a post-conviction attack on the judgment of conviction. Cole v. State,

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