JORDI RIVAS v. THE STATE OF FLORIDA

CourtDistrict Court of Appeal of Florida
DecidedJune 21, 2023
Docket22-0886
StatusPublished

This text of JORDI RIVAS v. THE STATE OF FLORIDA (JORDI RIVAS v. THE STATE OF FLORIDA) 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.

Bluebook
JORDI RIVAS v. THE STATE OF FLORIDA, (Fla. Ct. App. 2023).

Opinion

Third District Court of Appeal State of Florida

Opinion filed June 21, 2023. Not final until disposition of timely filed motion for rehearing.

________________

No. 3D22-0886 Lower Tribunal No. F18-12812A ________________

Jordi Rivas, Appellant,

vs.

The State of Florida, Appellee.

An Appeal from the Circuit Court for Miami-Dade County, Jose L. Fernandez, Judge.

Carlos J. Martinez, Public Defender, and Susan S. Lerner, Assistant Public Defender, for appellant.

Ashley Moody, Attorney General, and Sandra Lipman, Senior Assistant Attorney General, for appellee.

Before EMAS, MILLER and BOKOR, JJ.

PER CURIAM. Affirmed. See Tarrau v. State, 48 Fla. L. Weekly D1100a (Fla. 3d DCA

May 31, 2023) (Scales, J., concurring) (“[T]he default seating arrangement

for an evidentiary hearing should be [defendant seated at counsel’s table

next to counsel as] Gonzalez [v. State, 343 So. 3d 166, 171 (Fla. 3d DCA

2022)] describes as optimal, and the decision to deviate from this default

position should be that of the trial court, after due consideration and

articulation of those reasonable factors warranting such deviation.”).

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