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SINGLETARY v. STATE

No. 86-2232.

543 So.2d 755 (1988)

Jerome SINGLETARY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing October 18, 1988.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Steven T. Scott, Asst. Atty. Gen., for appellee.

Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.

PER CURIAM.

We reverse the judgment of conviction under review because, as in Carter v. State, 512 So.2d 284, 286 (Fla. 3d DCA 1987), "the record before us fails, in any manner, to clearly establish that the defendant knowingly and intelligently waived his right to the trial judge's presence during voir dire." As Carter makes perfectly clear, a stipulation by the defendant's attorney to waive the judge's presence does...

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