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BROWER v. STATE

No. 95-2765.

684 So.2d 1378 (1996)

Richard BROWER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 21, 1997.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and William A. Spillias, Assistant Attorney General, West Palm Beach, for appellee.

STONE, Judge.

Appellant was convicted of first degree murder and aggravated burglary. We are obliged to reverse, notwithstanding overwhelming evidence against him, because the procedure for waiving the defendant's presence at the bench during counsel's peremptory jury challenges, as mandated by the supreme court in Coney v. State, 653 So.2d 1009, 1012-13 (Fla.), cert. denied, ___ U.S. ___, 116 S.Ct. 315, 133 L.Ed.2d...

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