Capers v. State

JORGENSON, Judge.

Lawrence and Leonard Capers appeal from an order of the trial court denying their second motion, pursuant to Florida Rule of Criminal Procedure 3.850, for post-conviction relief. In their first Rule 3.850 motion, the Capers claimed that their absence from the proceedings while their counsel exercised their peremptory challenges was constitutional error. The Capers stated that they neither waived their right to be present during this process nor authorized their counsel to exercise their peremptories in their absence.1 The trial court denied the motion on the ground that their…