Thomas v. State

KLEIN, Judge.

Appellant was convicted of sale of cocaine and possession with intent to sell, and argues that he is entitled to a new trial under Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995). We affirm his convictions, but reverse his habitual offender sentence.

*1289In Coney, our supreme court construed Florida Rule of Criminal Procedure 3.180(a)(4) to mean that a defendant has a “right to be physically present at the immediate site where pretrial juror challenges are exercised.” Id. at 1013. In the present case the defendant was not at the…