Glee v. State

Decision Date20 July 1994
Docket NumberNo. 93-1812,93-1812
Citation639 So.2d 1092
Parties19 Fla. L. Weekly D1543 Frank L. GLEE, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Richard L. Jorandby, Public Defender, and Eric M. Cumfer, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Sarah B. Mayer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

In this appeal from his conviction and sentence Frank L. Glee argues that it was reversible error for the trial judge to leave the courtroom during the readback of testimony by the court reporter. We agree, and reverse and remand for a new trial.

An accused has a fundamental right to have the trial judge present at all stages of the proceedings. Brown v. State, 538 So.2d 833 (Fla.1989). The accused may waive that right in certain limited circumstances, but not through counsel acting alone. Id. See also Jackson v. State, 636 So.2d 99 (Fla. 3d DCA 1994); Maldonado v. State, 634 So.2d 661 (Fla. 5th DCA 1994); and Young v. State, 591 So.2d 651 (Fla. 1st DCA 1991). We agree with our sister court that this issue is not susceptible to a harmless error test. See Peri v. State, 426 So.2d 1021 (Fla. 3d DCA), rev. denied, 436 So.2d 100 (Fla.1983).

The foregoing analysis renders moot the additional points on appeal.

REVERSED AND REMANDED.

DELL, C.J., HERSEY, J., and DAUKSCH, JAMES C., Jr., Associate Judge, concur.

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5 cases
  • Riley v. Deeds
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 6, 1995
    ...trial judge in person and the absence of the judge when a communication is received and answered is reversible error"); Glee v. State, 639 So.2d 1092, 1093 (Fla.1994) (if trial judge leaves courtroom during readback of testimony to jury, there is reversible error per se). See also State v. ......
  • Harbaugh v. State
    • United States
    • Florida District Court of Appeals
    • April 15, 1998
    ...by counsel acting alone. Brown, 538 So.2d at 835. This issue is not susceptible to a harmless error test. See Bryant; Glee v. State, 639 So.2d 1092 (Fla. 4th DCA 1994); Ferrer v. Manning, 682 So.2d 659 (Fla. 3d DCA 1996). We address Harbaugh's final point because it may arise on retrial. He......
  • Ferrer v. Manning
    • United States
    • Florida District Court of Appeals
    • November 6, 1996
    ...se reversible. Bryant v. State, 656 So.2d 426, 428-29 (Fla.1995); Wallace v. State, 650 So.2d 95 (Fla. 5th DCA 1995); Glee v. State, 639 So.2d 1092 (Fla. 4th DCA 1994); Maldonado v. State, 634 So.2d 661 (Fla. 5th DCA The governing standard to be applied in evaluating claims of ineffective a......
  • Morris v. State, 97-0035
    • United States
    • Florida District Court of Appeals
    • September 2, 1998
    ...and advised defendant, and not by counsel acting alone." Bryant v. State, 656 So.2d 426, 428 (Fla.1995); see also Glee v. State, 639 So.2d 1092 (Fla. 4th DCA 1994) (right to judge's presence during read-back of testimony can be waived, but not through counsel acting alone). In the instant c......
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