SALCEDO v. STATE

No. BL-126.

497 So.2d 1294 (1986)

Raphael E. SALCEDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

November 17, 1986.


Attorney(s) appearing for the Case

Michael Allen, Public Defender, Ann Cocheu, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., Royall P. Terry, Jr., Asst. Atty. Gen., for appellee.


MILLS, Judge.

Salcedo appeals from a conviction for trespassing in a structure. He alleges that the trial court erred in denying his motion for a new trial in which he averred that he was not present at the beginning of the trial during the challenging of the jury, in violation of Rule 3.180(a)(4), Fla.R.Crim.P. We reverse and remand for further proceedings.

The trial court denied Salcedo's motion on the ground that his counsel failed to object to his absence...

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