Smith v. State, 94-2855
| Decision Date | 06 June 1995 |
| Docket Number | No. 94-2855,94-2855 |
| Citation | 655 So.2d 1271 |
| Parties | 20 Fla. L. Weekly D1386 Thenious SMITH, Appellant, v. STATE of Florida, Appellee. |
| Court | Florida District Court of Appeals |
Nancy A. Daniels, Public Defender, Christine M. Ryall, Asst. Public Defender, Tallahassee, for appellant.
Robert A. Butterworth, Atty. Gen., Edward C. Hill, Jr., Asst. Atty. Gen., Tallahassee, for appellee.
Smith appeals from a final judgment and sentence following a jury trial in which appellant was convicted of armed robbery with a deadly weapon. Appellant raises two issues, only one of which merits discussion. We find that a defendant who absents himself after commencement of the trial deprives himself of the opportunity of learning of the sentencing date, thereby waiving the right not only to be present at trial, but also the right to be present at sentencing. Aguiar v. State, 633 So.2d 557 (Fla. 3d DCA 1994), rev. denied, 641 So.2d 1344 (Fla.1994). 1
The judgment and sentence are affirmed.
1 We would note that our decision in this case does not conflict with the recent case of this court, Jarrett v. State, 654 So.2d 973 (Fla. 1st DCA 1995), which dealt with initiating a felony trial without the defendant being present. A defendant who absents him or herself after commencement of jury selection cannot complain of the continuation of the proceedings. Daniels v. State, 587 So.2d 460 (Fla.1991).
To continue reading
Request your trial
-
Walton v. State, 1D10–6776.
...First, a defendant may waive the right to be present. See Brown v. State, 929 So.2d 675, 677 (Fla. 5th DCA 2006); Smith v. State, 655 So.2d 1271, 1272 (Fla. 1st DCA 1995). But to be effective, the waiver must be knowingly, intelligently, and voluntarily made. See Miller v. State, 833 So.2d ......
- Sugar v. State, 94-3853