Singletary v. State

We reverse the judgment of conviction under review because, as in Carter v. State, 512 So.2d 284, 286 (Fla. 3d DCA 1987), “the record before us fails, in any manner, to clearly establish that the defendant knowingly and intelligently waived his right to the trial judge’s presence during voir dire.” As Carter makes perfectly clear, a stipulation by the defendant’s attorney to waive the judge’s presence does not constitute a sufficient waiver of the defendant’s right to have the judge present, and as Peri v. State, 426 So.2d 1021 (Fla. 3d DCA 1983), makes perfectly clear, no showing of…