Green v. State

Florida District Courts of Appeal
Green v. State, 673 So. 2d 937 (1996)
1996 Fla. App. LEXIS 5437; 1996 WL 263407
Mickle, Miner, Smith

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.

Reference

Full Case Name
Ernest H. GREEN v. STATE of Florida
Cited By
1 case
Status
Published