Jerry Terrell Weaver v. the State of Florida

Third District Court of Appeal State of Florida Opinion filed June 17, 2020. Not final until disposition of timely filed motion for rehearing. ________________ No. 3D19-2471 Lower Tribunal No. 14-11607 ________________ Jerry Terrell Weaver, Appellant, vs. The State of Florida, Appellee. An Appeal under Florida Rule of Appellate Procedure 9.141(b)(2) from the Circuit Court for Miami-Dade County, Andrea R. Wolfson, Judge. Jerry Terrell Weaver, in proper person. Ashley Moody, Attorney General, and Ivy R. Ginsberg, Assistant Attorney General, for appellee. Before EMAS, C.J., and SCALES and MILLER, JJ. PER CURIAM. Affirmed. See Hampton v. State, 219 So. 3d 760, 774 (Fla. 2017) (concluding the defendant could not establish that he was prejudiced by defense counsel’s failure to object when the trial court stated the defendant could not confer with defense counsel during a court recess, while the defendant was on the stand; the defendant was present in the courtroom when defense counsel explained to the trial court the compromise reached with the State with respect to the defendant’s testimony, and therefore, it was “purely speculative” that the defendant’s testimony “would have been any different had his counsel consulted with him during the recess”). 2