Summary
In Denham v. State, 421 So.2d 1082 (Fla. 4th DCA 1982), we stated in dicta that the trial court should not prohibit backstriking.
Summary of this case from Video Electronics, Inc. v. TedderOpinion
No. 82-186.
September 1, 1982. Rehearing Denied December 9, 1982.
Appeal from the Circuit Court, Broward County, Thomas M. Coker, Jr., J.
Craig S. Dyer of Shaffner, Shaffner Dyer, P.A., Fort Lauderdale, for appellants.
Jim Smith, Atty. Gen., Tallahassee, and Andrea T. Mohel, Asst. Atty. Gen., West Palm Beach, for appellee.
Appellants were convicted of attempted murder and possession of a firearm while engaged in a criminal offense. We affirm.
After a review of the briefs and record, we find the points urged on appeal lacking in merit. Appellants contend they were improperly prevented from exercising a "back-strike" against a prospective juror. We find that this issue was not properly preserved for appeal but in passing note that prospective jurors may be challenged at any time before the jury is sworn to try the case. See Florida Rule of Criminal Procedure 3.310 and Knee v. State, 294 So.2d 411 (Fla. 4th DCA 1974). "Backstriking" or back-challenging should not be prohibited by a trial court. The appellants' convictions are hereby affirmed.
AFFIRMED.
DOWNEY, ANSTEAD and BERANEK, JJ., concur.