Melendez v. State, No. 68--1007
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Before PEARSON; HENDRY |
| Citation | 231 So.2d 251 |
| Docket Number | No. 68--1007 |
| Decision Date | 03 February 1970 |
| Parties | Elias Gonzalez MELENDEZ, Appellant, v. The STATE of Florida, Appellee. |
Page 251
v.
The STATE of Florida, Appellee.
Rehearing Denied Feb. 25, 1970. Opinion Vacated, 247 So.2d 449.
Page 252
Hughlan Long, Public Defender, and Alan Becker, Asst. Public Defender, for appellant.
Earl Faircloth, Atty. Gen., and Melvin Grossman, Asst. Atty. Gen., for appellee.
Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.
HENDRY, Judge.
The appellant was defendant below, having been charged with unlawful sale of narcotics and unlawful possession of narcotics. He entered a plea of not guilty, and the trial began at 10:30 A.M., October 15, 1968, in the Criminal Court of Record in and for Dade County. At that time, due to communication difficulties between the offices of defense counsel and the State Attorney, the appellant himself had not been notified to be in attendance at the court. A decision was made by the trial judge to proceed, and a recess was taken until 12:30 P.M., the same day, after which the following proceedings were had:
'THE COURT: Call the first six jurors.
'(Thereupon, the jurors were called and examined on their voir dire, but not yet sworn.)
'THE COURT: I just want to explain to the jury that Mr. Cohen was good enough to go ahead and select the jury without the defendant being here.
'I want to explain to you that the defendant was not aware that the trial was going to start today.
'In any event, you will be sitting as jurors in this case and we are now going to recess for lunch and I instruct you now, that you are not to discuss this case among yourselves, nor with anyone else.
'If, during the time we are at recess, if anyone approaches you to discuss this case at all, which I am sure they will not do, I tell every jury the same thing: if anybody approaches you or if you hear anybody discussing the case of Elias Gonzalez Melendez, please make this fact known to the Court when we reconvene.
'Anything else, any other instructions, either of you have?
'MR. COHEN: No sir.
'MR. GROSS: None.
'THE COURT: All right, everybody be back promptly at 1:30 P.M.
'(Thereupon, court recessed for lunch.)
'AFTERNOON SESSION
'(Whereupon, court reconvened at 1:30 P.M.)
Page 253
'THE COURT: Let the record reflect the presence here now of Mr. Cohen and Mr. Melendez, the defendant.
'I want to ask a couple of questions. You are Elias Gonzalez Melendez?
'THE DEFENDANT: Yes, sir, I am.
'THE COURT: You...
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State v. Melendez, No. 39478
...petition for writ of certiorari, we are asked to review the decision of the District Court of Appeal, Third District, Melendez v. State, 231 So.2d 251 (Fla.App.3rd, 1970), which reversed the conviction of defendant, respondent herein, on grounds he did not freely and voluntarily waive his r......
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Melendez v. State, No. 68-1007
...C.J., and BARKDULL and HENDRY, JJ. ORDER ON MANDATE PER CURIAM. Whereas, the judgment of this court was entered on February 3, 1970 (231 So.2d 251) reversing the judgment and sentence of the Criminal Court of Record for Dade County, in the above styled cause; Whereas, on review of this cour......
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State v. Melendez, No. 39478
...petition for writ of certiorari, we are asked to review the decision of the District Court of Appeal, Third District, Melendez v. State, 231 So.2d 251 (Fla.App.3rd, 1970), which reversed the conviction of defendant, respondent herein, on grounds he did not freely and voluntarily waive his r......
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Melendez v. State, No. 68-1007
...C.J., and BARKDULL and HENDRY, JJ. ORDER ON MANDATE PER CURIAM. Whereas, the judgment of this court was entered on February 3, 1970 (231 So.2d 251) reversing the judgment and sentence of the Criminal Court of Record for Dade County, in the above styled cause; Whereas, on review of this cour......