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CHAVEZ v. STATE

Nos. 96-727, 96-338.

698 So.2d 284 (1997)

Armando CHAVEZ, Jr., 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 Steven Groves, and Doquyen T. Nguyen, Assistant Attorneys General, for appellee.

Before SCHWARTZ, C.J., and NESBITT, JORGENSON, COPE, LEVY, GERSTEN, GODERICH, GREEN, FLETCHER, SHEVIN and SORONDO, JJ.

ON REHEARING EN BANC

GERSTEN, Judge.

Appellant, Armando Chavez, Jr. ("defendant"), appeals his conviction for resisting arrest with violence contending that the trial court erred by allowing voir dire to proceed without determining whether the defendant waived his right to be present during a sidebar conference where peremptory challenges were exercised. We agree and reverse on this ground.1

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