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739 So. 2d 745

Brown v. State

District Court of Appeal of Florida

Decided September 17, 1999

District Court of Appeal of Florida · decided 1999-09-17

Relies on 549 So. 2d 996 - State v. Singletary

Decided 1999-09-17

PER CURIAM.

¶1Appellant challenges his conviction for delivery of cocaine pursuant to sections *746893.03(2)(a)4. and 893.12(l)(a), Florida Statutes (1997), on the ground that the trial court erred by leaving the courtroom during voir dire of prospective jurors. The State concedes error, and we reverse. See State v. Singletary, 549 So.2d 996, 999 (Fla.1989) (“[N]o questioning of prospective jurors in a criminal case may take place outside of the presence of a trial judge. This requirement cannot be waived by anyone, including a defendant.”) (footnote omitted).

¶2Reverse and remand for a new trial.

WARNER, C.J., STEVENSON, J., and KREEGER, JUDITH L., Associate Judge, concur.
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