Garcia v. State

OFTEDAL, RICHARD L., Associate Judge.

Francisco Garcia appeals his convictions for shooting into an occupied building and second degree murder contending, among other things, that since the trial judge did not adhere to the procedures required by Coney v. State, 653 So.2d 1009 (Fla.), cert. denied, — U.S. -, 116 S.Ct. 315, 133 L.Ed.2d 218 (1995), for establishing a valid waiver of the defendant’s right to be physically present at sidebar during the exercise of peremptory challenges, he is entitled to a new trial. For the reasons which follow, we find no reversible error and affirm appellant’s…