Branch v. State

This cause is before us on appeal from Appellant’s conviction and sentence for sexual battery without the use of force likely to cause serious personal injury. Appellant raises three issues, only two of which merit discussion.

Appellant argues that reversible error occurred under Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, — U.S. —, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995), because he was absent from sidebar when counsel exercised their peremptory strikes. Coney, however, is not applicable to the case sub judice because it was decided during the pendency of this appeal, and its…