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22 Fla. L. Weekly D2225a

EDDIE JOHN ALLEN, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Criminal law -- Jurors -- Peremptory challenges -- Absence of defendant

EDDIE JOHN ALLEN, Appellant, v. STATE OF FLORIDA, Appellee. 1st District. Case No. 96-1821. Opinion filed September 16, 1997. An appeal from the Circuit Court for Union County. David L. Reiman, Judge. Counsel: Nancy A. Daniels, Public Defender and W.C. McLain, Assistant Public Defender, Tallahassee, Attorneys for Appellant. Robert A. Butterworth, Attorney General and Carolyn J. Mosley, Assistant Attorney General, Tallahassee, Attorneys for Appellee.

(PER CURIAM.) Eddie John Allen (Allen) directly appeals his conviction and sentence, solely on the basis that he was denied his right to be present at the bench conference during which peremptory challenges were exercised. His trial took place on March 27, 1996. We agree that we are obliged to reverse and remand for a new trial. Coney v. State, 653 So. 2d 1009 (Fla. 1995), cert. denied, 116 S. Ct. 315 (1995).

REVERSED and REMANDED for new trial. (MINER, MICKLE and LAWRENCE, JJ., CONCUR.)

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