Ellis v. State, No. 96-2011

CourtCourt of Appeal of Florida (US)
Writing for the CourtGUNTHER; FARMER, J., and MAY, MELANIE G.
Citation696 So.2d 904
Parties22 Fla. L. Weekly D1621 Cameron ELLIS, Appellant, v. STATE of Florida, Appellee.
Decision Date02 July 1997
Docket NumberNo. 96-2011

Page 904

696 So.2d 904
22 Fla. L. Weekly D1621
Cameron ELLIS, Appellant,
v.
STATE of Florida, Appellee.
No. 96-2011.
District Court of Appeal of Florida,
Fourth District.
July 2, 1997.

Richard L. Jorandby, Public Defender, and Gary Caldwell, Assistant Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.

Page 905

GUNTHER, Judge.

Appellant, Cameron Ellis, appeals his conviction and sentence for battery on a law enforcement officer and resisting an officer with violence. Only one of the three issues raised merits discussion. Because the trial court did not comply with the dictates of Coney v. State, 653 So.2d 1009, 1013 (Fla.), cert. denied, --- U.S. ----, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995), we reverse.

In Coney, the Florida Supreme Court concluded that a defendant had the right to be physically present at the immediate site where the juror challenges are exercised. 1 The Coney court also found:

Where this is impractical, such as where a bench conference is required, the defendant can waive this right and exercise constructive presence through counsel. In such a case, the court must certify through proper inquiry that the waiver is knowing, intelligent, and voluntary. Alternatively, the defendant can ratify strikes made outside his presence by acquiescing in the strikes after they are made. Again, the court must certify the defendant's approval of the strikes through proper inquiry.

Id. (citations omitted). Where the procedure in Coney is not followed, the cause must be reversed for a new trial. Id. However, the supreme court has recognized that a Coney error is subject to a harmless error analysis. Id.

In the instant case, it is not clear from the record whether Appellant was present at the immediate site where the juror challenges were exercised or whether he conferred with counsel prior to the peremptory challenges being exercised. Therefore, we relinquished jurisdiction to the trial court for a reconstruction of the events surrounding the bench conference where peremptory and for cause challenges were exercised. See Golden v. State, 688 So.2d 419, 420 (Fla. 1st DCA 1997). However, the trial court, the State, and defense counsel did not have any specific recollection of such events.

Thus, we are left with a record that is silent as to Appellant's presence at the immediate site where jurors were...

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5 practice notes
  • Carmichael v. State, No. 90811
    • United States
    • United States State Supreme Court of Florida
    • July 9, 1998
    ...SHAW, Justice. We have for review Carmichael v. State, 693 So.2d 1141 (Fla. 1st DCA 1997), based on conflict with Ellis v. State, 696 So.2d 904 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Carmichael as explained David Carmichael was cha......
  • Lewek v. State, No. 96-1394
    • United States
    • Court of Appeal of Florida (US)
    • October 22, 1997
    ...process right to participate in all pertinent aspects of trial was violated, the Defendant is entitled to a new trial. Ellis v. State, 696 So.2d 904 (Fla. 4th DCA We reject the State's argument that reversal is unnecessary. The State argues that because the January 1, 1997, amendment to Flo......
  • State v. Ellis, No. 91154
    • United States
    • United States State Supreme Court of Florida
    • July 9, 1998
    ...Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Respondent. SHAW, Justice. We have for review Ellis v. State, 696 So.2d 904 (Fla. 4th DCA 1997), based on conflict with Carmichael v. State, 715 So.2d 247 (Fla.1998). We have jurisdiction. Art. V, § 3(b)(3), Fla. Co......
  • Williams v. State, No. 96-2526
    • United States
    • Court of Appeal of Florida (US)
    • September 10, 1997
    ...and voluntarily waived this right. Therefore, based on the authority of Coney, we reverse and remand for a new trial. See Ellis v. State, 696 So.2d 904, (Fla. 4th DCA 1997); Chavez Jr. v. State, 698 So.2d 284 (Fla. 3d DCA 1997); Anderson v. State, 697 So.2d 878, (Fla. 5th DCA 1997). However......
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5 cases
  • Carmichael v. State, No. 90811
    • United States
    • United States State Supreme Court of Florida
    • July 9, 1998
    ...SHAW, Justice. We have for review Carmichael v. State, 693 So.2d 1141 (Fla. 1st DCA 1997), based on conflict with Ellis v. State, 696 So.2d 904 (Fla. 4th DCA 1997). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Carmichael as explained David Carmichael was cha......
  • Lewek v. State, No. 96-1394
    • United States
    • Court of Appeal of Florida (US)
    • October 22, 1997
    ...process right to participate in all pertinent aspects of trial was violated, the Defendant is entitled to a new trial. Ellis v. State, 696 So.2d 904 (Fla. 4th DCA We reject the State's argument that reversal is unnecessary. The State argues that because the January 1, 1997, amendment to Flo......
  • State v. Ellis, No. 91154
    • United States
    • United States State Supreme Court of Florida
    • July 9, 1998
    ...Assistant Public Defender, Fifteenth Judicial Circuit, West Palm Beach, for Respondent. SHAW, Justice. We have for review Ellis v. State, 696 So.2d 904 (Fla. 4th DCA 1997), based on conflict with Carmichael v. State, 715 So.2d 247 (Fla.1998). We have jurisdiction. Art. V, § 3(b)(3), Fla. Co......
  • Williams v. State, No. 96-2526
    • United States
    • Court of Appeal of Florida (US)
    • September 10, 1997
    ...and voluntarily waived this right. Therefore, based on the authority of Coney, we reverse and remand for a new trial. See Ellis v. State, 696 So.2d 904, (Fla. 4th DCA 1997); Chavez Jr. v. State, 698 So.2d 284 (Fla. 3d DCA 1997); Anderson v. State, 697 So.2d 878, (Fla. 5th DCA 1997). However......
  • Request a trial to view additional results

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