RIVAS v. STATE (2023)

District Court of Appeal of Florida, Third District.

Jordi RIVAS, Appellant, v. The STATE of Florida, Appellee.

No. 3D22-0886

Decided: June 21, 2023

Before EMAS, MILLER and BOKOR, JJ.

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.

Affirmed. See Tarrau v. State, 48 Fla. L. Weekly D1100a, ––– So.3d ––––, 2023 WL 3729336 (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.”).

PER CURIAM.

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