JAMES TOOKES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the appellant's convictions are affirmed, but his consecutive habitual offender sentences must be vacated and remanded for resentencing.
The appellant was convicted of two offenses arising out of a single criminal episode. He was absent from a bench conference regarding jury challenges …
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Right To Be Present At Trial cases and more on FLexlaw
PER CURIAM.
In this direct criminal appeal, appellant raises two issues. He claims (1) that he is entitled to a new trial because he was not present at a bench conference held to discuss jury challenges, and the record does not reflect that he waived his right to be present; and (2) that his consecutive habitual offender sentences must be vacated because they were imposed for offenses that arose out of a single criminal episode. We affirm appellant’s convictions. However, we vacate his sentences, and remand for resentencing.
The record reflects that appellant was present at the first of two bench conferences held to discuss jury challenges. During that conference, appellant’s counsel exercised all six of his available peremptory challenges. Appellant was not present at the second bench conference, during which the state exercised both a challenge for cause and peremptory challenges. Based upon our recent en bane decision in Ganyard v. State, 686 So. 2d 1361 (Fla. 1st DCA 1996), we conclude that any error which occurred as a result of appellant’s absence from the second bench conference was harmless. In addition, we note that, although at the second bench conference appellant had one available peremptory challenge as to the alternate juror, that challenge was not exercised, and the alternate selected did not participate in deliberations.
It is clear from the record that the two offenses of which appellant was convicted arose out of a single episode. Therefore, it was error to impose consecutive habitual offender sentences. Hale v. State, 630 So. 2d 521 (Fla.1993). Accordingly, we vacate appellant’s sentences, and remand for the imposition of new sentences, consistent with applicable law.
AFFIRMED IN PART; REVERSED IN PART; and REMANDED, with directions.
LAWRENCE and PADOVANO, JJ., concur. WEBSTER, J., concurs in result only.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Hale v. State, 630 So. 2d 521 (Fla. 1993)
- Ganyard v. State, 686 So. 2d 1361 (Fla. 1st DCA 1996)