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Martinez v. State
Florida District Court of Appeal
664 So. 2d 1034 (1996)
- Written by Sharon Feldman, JD
Facts
Florentino Martinez (defendant) was charged with attempted manslaughter with a firearm. The victim, Timothy Bedwell, was going to be the first witness to testify at Martinez’s trial. Martinez objected to Bedwell’s presence in the courtroom during opening statements because defense counsel’s explanation of Martinez’s version of the incident might influence Bedwell’s testimony. The trial court held that Martinez’s concern was not sufficient to overcome Bedwell’s constitutional right to be in the courtroom. Martinez was convicted. On appeal, Martinez argued that the trial court erred in permitting Bedwell to be present during opening arguments.
Rule of Law
Issue
Holding and Reasoning (Klein, J.)
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