Rivas v. State

Full title: Jordi Rivas, Appellant, v. The State of Florida, Appellee.

Court: Florida Court of Appeals, Third District

Date published: Jun 21, 2023

No. 3D22-0886 (Fla. Dist. Ct. App. Jun. 21, 2023)

Opinion

3D22-0886

06-21-2023

Jordi Rivas, Appellant, v. The State of Florida, Appellee.

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.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County Lower Tribunal No. F18-12812A, 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.").