Garcia v. State

BARKDULL, Judge.

Appellant Garcia was charged with one count of first degree murder and the jury returned a verdict of guilty of second degree murder with a firearm. Garcia appeals his conviction and sentence contending that the failure of the trial court to personally inquire whether he waived his presence at a bench conference, during which strikes and challenges to the jury were made, was reversible error. The defendant relies on Coney v. State, 653 So.2d 1009 (Fla.1995), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995) and asserts that the trial court’s failure to obtain an…