STATE OF FLORIDA, PETITIONER,
v.
MODESTO HERNANDEZ, RESPONDENT
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A defendant's attorney can validly waive the right to have the trial judge present during voir dire for cases preceding the finalization of State v. Singletary.
The defendant's attorney and the state's attorney stipulated to the judge's absence during voir dire. The jury was selected before the decision in Sta…
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McDONALD, Justice.
In Hernandez v. State, 543 So. 2d 755, 755 (Fla. 3d DCA 1989), the district court certified the following question as being of great public importance:*
May the defendant’s right to have the trial judge present during the voir dire of prospective jurors be validly waived by his attorney or must the defendant personally waive such right?
We recently answered the same question in State v. Singletary, 549 So. 2d 996 (Fla.1989). In Singletary we held that for this case and all those cases preceding this case, it is unnecessary for the defendant to join in his counsel’s waiver of the judge’s presence during voir dire of prospective jurors. For all those cases in which a jury is selected after this opinion is final the trial judge’s presence during voir dire may not be waived.
Id., 549 So. 2d at 997. In the instant case Hernandez’ attorney and the state’s attorney stipulated to the judge’s being absent during voir dire. This constituted a valid waiver. Because Hernandez’ jury was selected before Singletary became final, we quash the district court’s decision and remand for further proceedings consistent with this opinion.
It is so ordered.
EHRLICH, C.J., and OVERTON, SHAW, BARKETT, GRIMES and KOGAN, JJ., concur. *
We have jurisdiction pursuant to art. V, § 3(b)(4), Fla. Const.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Gonzalez v. State, 571 So. 2d 1346 (Fla. 3d DCA 1990)…gly and intelligently waive their right to have the trial judge present during voir dire. Appellants’ respective attorneys stipulated to the voir dire of prospective jurors in the judge’s absence. This constituted a valid waiver. State v. Hernandez, 552 So. 2d 911 (Fla.1989). In Hernandez, the Florida Supreme Court held that the judge’s presence during voir dire could be waived by defendant’s attorney in a case in which the jury was selected before the Florida Supreme Court issued its final decision in State…
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Fleitas v. State, 557 So. 2d 90 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. State v. Hernandez, 552 So. 2d 911 (Fla.1989); State v. Singletary, [*91] 549 So. 2d 996 (Fla.1989); Alford v. State, 307 So. 2d 433 (Fla.1975).…
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Hernando Pinzon v. State, 559 So. 2d 1257 (Fla. 3d DCA 1990)…PER CURIAM. Affirmed. See and compare State v. Hernandez, 552 So. 2d 911 (Fla.1989); Kemp v. State, 541 So. 2d 1332 (Fla. 3d DCA 1989); State v. Fisher, 529 So. 2d 1256 (Fla. 3d DCA 1988); State v. Wells, 516 So. 2d 74 (Fla. 5th DCA 1987); Palmer v. State, 467 So. 2d 1063 (Fla. 3d DCA 1985); State v. Delgadillo, 458 So.…
Authorities Cited
- State v. Singletary, 549 So. 2d 996 (Fla. 1989)
- Modesto Hernandez v. State, 543 So. 2d 755 (Fla. 3d DCA 1989)