Summary
holding that "[u]ncertainty as to a venireperson's impartiality must be resolved in favor of a party raising the challenge."
Summary of this case from Miles v. StateOpinion
Case No. 3D01-403
Opinion filed October 31, 2001.
An Appeal from the Circuit Court for Monroe County, Mark Jones, Judge. Lower Tribunal No. 00-912.
Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., GREEN and SHEVIN, JJ.
Based on the state's confession of error, we reverse defendant's conviction and remand for a new trial. As the state correctly states, defendant's cause challenge to the objectionable juror should have been granted. The juror expressed that he hoped he could be fair, but that he could not be sure. Uncertainty as to a venireperson's impartiality must be resolved in favor of the party raising the challenge. James v. State, 731 So.2d 781, 782 (Fla. 3d DCA 1999); Montozzi v. State, 633 So.2d 563 (Fla. 3d DCA 1994); see Martinez v. State, 26 Fla. L. Weekly D2358 (Fla. 3d DCA Oct. 3, 2001). Defendant has demonstrated reversible error. See Trotter v. State, 576 So.2d 691, 693 (Fla. 1990).
In view of defendant's short sentence, we direct the trial court to conduct the new trial forthwith.
Reversed and remanded.