Tarver v. State

CHAVIES, MICHAEL B., Associate Judge.

The appellant raises eight points on appeal and the court affirms as to all points. However, we feel it necessary to discuss point four, where the appellant contends that the trial court erred when it made inquiries of the jury outside of his presence and without a waiver by him.

The applicable rule is Florida Rule of Criminal Procedure 3.180, which states the following, in pertinent part:(a) Presence of Defendant. In all prosecutions for crime the defendant shall be present:

[[Image here]](4) at the beginning of the trial during the examination,…