Mathis v. State, 94-2464
| Decision Date | 13 November 1996 |
| Docket Number | No. 94-2464,94-2464 |
| Parties | 21 Fla. L. Weekly D2440 Rickie Renoried MATHIS, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
In this direct criminal appeal, we affirm appellant's conviction and sentence. Only one issue merits discussion.
Appellant asserts that he is entitled to a new trial because, although present in the courtroom during jury selection, he was not physically present at a bench conference during which jury challenges were exercised. However, appellant's trial took place before release of the opinion in Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, --- U.S. ----, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995). Accordingly, Coney is inapplicable. Lett v. State, 668 So.2d 1094 (Fla. 1st DCA), review granted, 677 So.2d 840 (Fla.1996). Pursuant to the rule which preceded that announced in Coney, appellant's rights were not violated. Francis v. State, 413 So.2d 1175 (Fla.1982). Moreover, the burden is on appellant to establish the existence of reversible error. E.g., Moore v. State, 504 So.2d 1311 (Fla. 1st DCA) (), review denied, 513 So.2d 1062 (Fla.1987). We have been unable to find anything in the record to support appellant's contention that he was not present at the bench conference during which challenges were exercised. Accordingly, on this record, even if Coney were applicable, appellant would not be entitled to relief.
AFFIRMED.
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Mathis v. State
...imprisonment with a ten-year minimum mandatory. We affirmed the conviction and sentence on direct appeal. See Mathis v. State, 683 So.2d 582, 583 (Fla. 1st DCA 1996) (en banc). Appellant subsequently filed a motion for postconviction relief, arguing in part that his trial counsel was ineffe......
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Neal v. State, 95-02792
...Neal actually was at the bench conference. Because no error appears in the record, we must affirm. See Mathis v. State, 683 So.2d 582 (Fla. 1st DCA 1996) (Criminal Division en banc), decision approved on other grounds, 688 So.2d 334 Beyond that, even if a Coney error had appeared in this re......
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Carmichael v. State, 95-3069
...State, 686 So.2d 1361 (Fla. 1st DCA 1996). The burden is on appellant to establish the existence of reversible error. Mathis v. State, 683 So.2d 582 (Fla. 1st DCA 1996). Herein, the record fails to show that peremptory challenges were exercised by defense counsel. Hence, as in Mathis v. Sta......
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Moore v. State, 95-2276
...exercised. However, the relevant portion of the record in this case is substantively identical to that in Mathis v. State, 683 So.2d 582 (Fla. 1st DCA 1996) (Criminal Division en banc). Accordingly, as in Mathis, we hold that appellant has failed to carry his burden to establish the existen......