MARY LEE FRAZIER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
MARY LEE FRAZIER, APPELLANT,
STATE OF FLORIDA, APPELLEE
685 So. 2d 87
Florida District Court of Appeal, First District (1996)
Negative Treatment
Cited by 3 cases
Opinion of the Court
PER CURIAM.
The appealed orders in this case are affirmed, except as to the requirement that the appellant pay $255 to the clerk of the court as “restitution.” The clerk was not the vie-' tim in this case, and the specified payment was orally pronounced as court costs. The written restitution order is therefore vacated, and the case is remanded for a proper imposition of costs.
MINER, ALLEN and MICKLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Ellis v. State, 696 So. 2d 904 (Fla. 4th DCA 1997)…r, it is the appellant’s burden to demonstrate that he was not present at the site where juror challenges were exercised. See Faison v. State, 697 So. 2d 585 (Fla. 1st DCA 1997); Daniels v. State, 691 So. 2d 1139 (Fla. 1st DCA 1997); Moore v. State, 685 So. 2d 87 (Fla. 1st DCA 1996). Where the record is silent, we do not see how the appellant would ever be able to meet tMs burden. We find that the more prudent approach would be to keep the burden on the trial court and the State to show that the Coney requir…
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Daniels v. State, 691 So. 2d 1139 (Fla. 1st DCA 1997)…lish reversible error; when the record fails to support appellant’s allegation that he was absent from the bench when his counsel exercised peremptory challenges, appellant fails to show reversible error, even if Coney is applicable. Moore v. State, 685 So. 2d 87 (Fla. 1st DCA 1996) (holding same); see also Mathis v. State, 683 So. 2d 582 (Fla. 1st DCA 1996) (en banc). Nothing in the instant record establishes that Daniels was absent from the bench when his counsel exercised peremptory challenges. Daniels th…
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Carmichael v. State, 693 So. 2d 1141 (Fla. 1st DCA 1997)…e exercised. See also Daniels v. State, 691 So. 2d 1139 (Fla. 1st DCA 1997); McNabb v. State, 689 So. 2d 371 (Fla. 1st DCA 1997)(Coney argument rejected where record is insufficient to show that peremptory challenges were exercised); Moore v. State, 685 So. 2d 87 (Fla. 1st DCA 1996). We decline to address the remaining issue raised by appellant as it was not presented to the trial court and was thus not preserved for appellate review. AFFIRMED. ALLEN and PADOYANO, JJ., concur.…