Salcedo v. State

MILLS, Judge.

Salcedo appeals from a conviction for trespassing in a structure. He alleges that the trial court erred in denying his motion for a new trial in which he averred that he was not present at the beginning of the trial during the challenging of the jury, in violation of Rule 3.180(a)(4), Fla.R.Crim.P. We reverse and remand for further proceedings.

The trial court denied Salcedo’s motion on the ground that his counsel failed to object to his absence at the time the peremptory challenges were being exercised. While it is the general rule that a point argued on appeal must be preserved…