Isiaih NEAL, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
*942 James Marion Moorman, Public Defender, and Julius J. Aulisio, Assistant Public Defender, Bartow, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Jon J. Johnson, Assistant Attorney General, Tampa, for Appellee.
NORTHCUTT, Judge.
Isiaih Neal was tried before a jury on a charge of second degree murder. The jury found him guilty of manslaughter. Neal challenges his conviction on the sole ground that the trial court allowed counsel to exercise challenges to prospective jurors at a bench conference outside Neal's immediate presence, in violation of the rule announced in Coney v. State,
Neal was present in the courtroom during jury selection. After voir dire, the judge asked counsel to take a few minutes to consider their selections and then approach the sidebar. The record does not disclose whether Neal attended the sidebar conference. It does reflect that the judge did not inquire whether Neal waived his right to be present at the bench during the juror challenges, and that neither Neal nor defense counsel made any objections in this regard.
An appellant bears the burden to establish the existence of reversible error. E.g., Moore v. State,
Beyond that, even if a Coney error had appeared in this record, it was not preserved for review. This court recently has held that the failure to obtain a Coney waiver cannot be raised on direct appeal unless an objection on that ground was made at trial. Lee v. State,
Affirmed.
DANAHY, A.C.J., and FRANK, J., concur.
