Lopez v. State

SHAW, Justice.

We have for review Lopez v. State, 707 So.2d 770 (Fla. 2d DCA 1998), based on conflict with Brower v. State, 684 So.2d 1378 (Fla. 4th DCA 1996). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. We approve the result in Lopez as explained below.

Anthony Lopez was charged with robbery with a firearm. During voir dire on September 11, 1995, defense counsel exercised several juror challenges at the bench. Although Lopez was not present at the bench during the strikes, he was seated in the courtroom and had conferred with his lawyer immediately before the strikes were made. He was…