CABRALES G. RODRIGUEZ, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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Excluding the public, except for the news media, during a victim's testimony for a limited purpose does not violate the constitutional right to a public trial.
The trial court excluded spectators, except the news media, during a victim's testimony in a prosecution for aggravated assault and sexual battery due…
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PER CURIAM.
The appellant was not denied a “public” trial under the United States Constitution, Sixth Amendment and the Florida Constitution Article 1 Section 16 by a trial judge excluding,1 for a limited purpose of taking the testimony of a victim in a prosecution for aggravated assault and sexual battery, a portion of the public from the courtroom during her testimony.2 Douglas v. State, 328 So. 2d 18 (Fla.1976); Robertson v. State, 64 Fla. 437, 60 So. 118 (1912); Bivins v. State, 313 So. 2d 471 (Fla. 4th DCA 1975).
Therefore, the conviction, adjudication and sentence are affirmed, except that portion retaining jurisdiction over the first one-third of the life sentence, which is hereby stricken. Corero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982).
Affirmed as modified.
. The order excluded all spectators with the exception of the news media. The victim and the defendant were permitted to remain in the court room and the jury was unaware of the limited exclusion order. . The victim was a 33 year old school teacher who requested that her testimony be taken in private because of personal embarrassment. It also appears that as her testimony was being taken there were school children in and about the courthouse and the trial court was of the opinion that the incident might get back to the victims school by word of mouth, thereby adversely affecting the victim.
Cases With Similar Vibessemantic neighbors from the corpus
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Cofield v. State, 453 So. 2d 409 (Fla. 1st DCA 1984)…nd reach the merits of the case. On the merits, the court, having imposed a life sentence, had no right to retain jurisdiction of an immeasurable sentence. See Cordero-Pena v. State, 421 So. 2d 661, 662 (Fla. 3d DCA 1982); accord Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982). I am moreover of the view that retroactive application of Section 947.16(3), Florida Statutes (Supp.1982), effective April 20, 1982, to an offense which occurred before the statute’s enactment, or March 19, 1981, is a violation…
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Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984)…f retention of jurisdiction cannot be calculated. The Third District has recently adopted the position that section 947.16(3) is inapplicable where a life sentence is imposed. Woodson v. State, 439 So. 2d 976 (Fla. 3d DCA 1983); Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982). In Cordero-Pena, the court explained its reasoning as follows: We conclude that where a court imposes a life sentence, Section 947.16(3) is inoperable, since because a li…
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Cook v. State, 481 So. 2d 1285 (Fla. 4th DCA 1986)…ciate Judge, concur. . State v. Mobley, 481 So. 2d 481 (Fla.1986), aff’g Mobley v. State, 473 So. 2d 692 (Fla. 4th DCA 1985); Brown v. State, 460 So. 2d 988 (Fla. 4th DCA 1984); Kosek v. State, 448 So. 2d 57 (Fla. 5th DCA 1984); Rodriguez v. State, 424 So. 2d 892 (Fla. 3d DCA 1982); Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982).…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Douglas v. State, 328 So. 2d 18 (Fla. 1976)
- Robertson v. State, 64 Fla. 437 (Fla. 1912)
- Belarmino Cordero-Pena v. State, 421 So. 2d 661 (Fla. 3d DCA 1982)
- Bivins v. State, 313 So. 2d 471 (Fla. 4th DCA 1975)