SIMS v. STATE

No. 2D11-6221.

135 So.3d 1098 (2013)

James Edward SIMS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

August 21, 2013.


Attorney(s) appearing for the Case

Howard L. Dimmig, II , Public Defender, and Richard J. D'Amico , Special Assistant Public Defender, Bartow, for Appellant.

Pamela Jo Bondi , Attorney General, Tallahassee, and Jonathan P. Hurley , Assistant Attorney General, Tampa, for Appellee.


ALTENBERND, Judge.

Mr. Sims appeals his judgment and sentence for manslaughter with a firearm. Unfortunately, during his trial Mr. Sims was excluded from an in-chambers conference at which the trial judge and the assistant state attorney addressed their concerns that Mr. Sims' attorney was impaired and unable adequately to represent Mr. Sims. Although we fully understand why the trial judge elected to hold this conference in private, Mr. Sims had a constitutional...

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