Florida District Courts of Appeal, 1996

Green v. State

Green v. State
Florida District Courts of Appeal · Decided May 20, 1996 · Mickle, Miner, Smith
673 So. 2d 937; 1996 Fla. App. LEXIS 5437; 1996 WL 263407 (Southern Reporter, Second Series)

Green v. State

Opinion of the Court

PER CURIAM.

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.

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