County Criminal Court: CRIMINAL PROCEDURE – Anders brief fails to demonstrate error. Although the trial court may have erred in requiring the defendant to be present at trial, the defendant failed to demonstrate prejudice. – Judgment and sentence affirmed.

McCrary v. State, No. CRC 03-73 APANO (Fla. 6th Cir. App. Ct. Dec. 2, 2004).

 

 

 

IN THE CIRCUIT COURT OF THE SIXTH JUDICIAL CIRCUIT

OF THE STATE OF FLORIDA IN AND FOR PINELLAS COUNTY

 

 

KEITH M. MCCRARY

 

            Appellant,

 

Appeal No. CRC 03-00073 APANO

                                                                  UCN522003AP000073XXXXCR

 

v.

 

STATE OF FLORIDA

 

            Appellant.

____________________________/

 

 

Opinion filed _________________.

 

Appeal from a judgment and sentence

entered by the Pinellas County Court

County Judge Thomas Freeman

 

Joy Goodyear, Esq.

Assistant Public Defender

 

C. Marie King, Esq.

Assistant State Attorney

 

ORDER AND OPINION

 

            (J. Sullivan)

 

            THIS MATTER is before the Court on Keith McCrary’s appeal from a judgment and sentence entered by the Pinellas County Court. After reviewing the parties’ supplemental briefs and the record, this Court affirms the judgment and sentence. The appellant’s counsel has adequately advocated the issues originally identified by this Court in this Anders brief appeal, but the State’s arguments cause this Court to conclude that there was no error in the trial court proceedings. Therefore, the judgment and sentence must be affirmed.

            Only one issue merits discussion. The appellant makes a good argument that the trial court erred in requiring him to be present for the trial proceedings. He fails, however, to demonstrate that he was prejudiced in any way by his being present.

            IT IS THEREFORE ORDERED that the judgment and sentence are affirmed.

            DONE AND ORDERED in Chambers at Clearwater, Pinellas County, Florida this _____ day of November, 2004.

 

 

                                                                                    ____________________________

                                                                                                David A. Demers

                                                                                                Circuit Judge

 

 

 

 

                                                                                    ____________________________

                                                                                                Robert J. Morris, Jr.

                                                                                                Circuit Judge

 

 

 

                                   

                                                                                    ____________________________

                                                                                                Irene S. Sullivan

                                                                                                Circuit Judge

 

cc:   State Attorney

 

        Public Defender

 

        Judge Freeman