Miller v. State

Full title: DERRICK NAVARRA MILLER, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: Dec 18, 2002

840 So. 2d 263 (Fla. Dist. Ct. App. 2002)

Opinion

Case No. 3D02-716.

Opinion filed December 18, 2002.

An Appeal from the Circuit Court for Dade County, Robert Pineiro, Judge. L.T. No. 99-7888.

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.

Richard E. Doran, Attorney General and Michael J. Neimand, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and COPE and GODERICH, JJ.

PER CURIAM.

Because, as the state concedes, the trial judge should have excused a particular juror for cause, Chavers v. State, 827 So.2d 279 (Fla. 4th DCA 2002); Polite v. State, 754 So.2d 859 (Fla. 3d DCA 2000), and the defendant properly preserved the error in accordance with Trotter v. State, 576 So.2d 691 (Fla. 1990), cert. denied, 522 U.S. 876 (Fla. 1997); see Wilson v. State, 753 So.2d 683 (Fla. 3d DCA 2000), review denied, 773 So.2d 59 (Fla. 2000), the judgment below is reversed for a new trial.