Amaya v. State

District Court of Appeal of Florida

Amaya v. State

641 So. 2d 466, 1994 Fla. App. LEXIS 8101, 1994 WL 440577

CourtDistrict Court of Appeal of Florida

DecidedAugust 17, 1994

DocketNo. 93-3339

StatusPublished

Cited by1 cases

This text of 641 So. 2d 466 (Amaya v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Amaya v. State, 641 So. 2d 466, 1994 Fla. App. LEXIS 8101, 1994 WL 440577 (Fla. Ct. App. 1994).

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Opinion

PER CURIAM.

We reverse and remand for a new trial because of the trial court’s error in refusing appellant access to counsel during an overnight recess at trial. We reject appellant’s claims that the trial court erred in denying motions to dismiss and for directed verdict.

The state concedes, and we agree, that the trial court erred in refusing appellant access to counsel. See Geders v. United States, 425 U.S. 80, 96 S.Ct. 1330, 47 L.Ed.2d 592 (1976); Bova v. State, 410 So.2d 1343 (Fla.1982). Further, we are unable to determine that the error was harmless under the strict test set out in State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

ANSTEAD, KLEIN and PARIENTE, JJ., concur.

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PER CURIAM.

We reverse and remand for a new trial because of the trial court’s error in refusing appellant access to counsel during an overnight recess at trial. We reject appellant’s claims that the trial court erred in denying motions to dismiss and for directed verdict.

The state concedes, and we agree, that the trial court erred in refusing appellant access to counsel. See Geders v. United States, 425 U.S. 80, 96 S.Ct. 1330, 47 L.Ed.2d 592 (1976); Bova v. State, 410 So.2d 1343 (Fla.1982). Further, we are unable to determine that the error was harmless under the strict test set out in State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

ANSTEAD, KLEIN and PARIENTE, JJ., concur.

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641 So. 2d 466, 1994 Fla. App. LEXIS 8101, 1994 WL 440577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/amaya-v-state-fladistctapp-1994.

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