Triola v. State

DANAHY, Judge.

Appellant appeals from an order denying his request pursuant to Florida Rule of Criminal Procedure 3.850 for postconviction relief from his judgment and sentence for the crime of involuntary sexual battery. We affirm.

On his plenary appeal, appellant asserted that he was denied his constitutional right to a fair trial because the trial judge allowed the victim to remain in the jury’s presence during rereading of her testimony while the trial judge absented himself temporarily. This court rejected that argument. Triola v. State, 443 So.2d 990 (Fla. 2d DCA 1983). On this appeal,…