ZANDERS v. STATE

No. 96-2378.

698 So.2d 282 (1997)

Frederich ZANDERS, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 10, 1997.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Maya S. Saxena, Assistant Attorney General, for appellee.

Before LEVY, GERSTEN and GREEN, JJ.


PER CURIAM.

Appellant, Frederich Zanders ("defendant"), appeals his conviction contending that the trial court failed to determine whether he knowingly, intelligently and voluntarily waived his right to be present at a sidebar conference where peremptory challenges were exercised. We agree and reverse.

Immediately after voir dire was completed, defense counsel asked for a moment, and there was a pause in the record. During this gap in the record, jury selection...

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