JORDI RIVAS v. THE STATE OF FLORIDA

Third District Court of Appeal
State of Florida
Opinion filed June 21, 2023.
Not final until disposition of timely filed motion for rehearing.
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No. 3D22-0886
Lower Tribunal No. F18-12812A
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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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