When an off-the-record conversation occurs between defense counsel, the prosecutor, and the court, counsel's proffered summary of the conversation on the record is sufficient to preserve the issue for appeal when the trial court concurred with the substance, and the prosecutor did not correct or refute the summary.The brief is here. The First District's opinion below is here.
The State's response brief is presently due January 9. The parties may (and probably will) stipulate to an extension until January 30.