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Green v. State

District Court of Appeal of Florida, First District
May 20, 1996
673 So. 2d 937 (Fla. Dist. Ct. App. 1996)

Summary

holding that trial court's refusal to allow defendant to use available peremptory challenges constitutes per se reversible error

Summary of this case from Dante v. State

Opinion

No. 95-1818.

May 20, 1996.

Appeal from the Circuit Court, P. Kevin Davey, J.,

Nancy A. Daniels, Public Defender; Jean R. Wilson, Assistant Public Defender, Tallahassee, for Appellant.

Robert A. Butterworth, Attorney General; Douglas Gurnic, Assistant Attorney General, Tallahassee, for Appellee.


The trial court refused to allow appellant's counsel to use available peremptory challenges before the jury was sworn. This action constitutes per se reversible error. Gilliam v. State, 514 So.2d 1098, 1099 (Fla. 1987); Johnson v. State, 565 So.2d 911 (Fla. 1st DCA 1990). Accordingly, we are obliged to reverse appellant's conviction and sentence and remand for a new trial.

MINER and MICKLE, JJ., and SMITH, Senior Judge, concur.


Summaries of

Green v. State

District Court of Appeal of Florida, First District
May 20, 1996
673 So. 2d 937 (Fla. Dist. Ct. App. 1996)

holding that trial court's refusal to allow defendant to use available peremptory challenges constitutes per se reversible error

Summary of this case from Dante v. State
Case details for

Green v. State

Case Details

Full title:ERNEST H. GREEN, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, First District

Date published: May 20, 1996

Citations

673 So. 2d 937 (Fla. Dist. Ct. App. 1996)

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