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JONES v. STATE

No. 3D04-815.

883 So.2d 369 (2004)

Edward C. JONES, Petitioner, v. The STATE of Florida, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 10, 2004.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for petitioner.

Charles J. Crist, Jr., Attorney General, and Annette M. Lizardo and Linda Katz, Assistant Attorneys General, for respondent.

Before SCHWARTZ, C.J., and COPE and FLETCHER., JJ.

COPE, J.

The main question before us is whether it is fundamental error for the trial court to order a partial closure of the courtroom under subsection 918.16(2), Florida Statutes (2000) during the testimony of the victim of a sex crime, without making findings under Waller v. Georgia, 467 U.S. 39, 104 S.Ct. 2210, 81 L.Ed.2d 31 (1984). We conclude that such a closure does not amount to fundamental error. A contemporaneous objection...

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