Opinion
No. 92-2274.
August 10, 1993. Rehearing Denied September 21, 1993.
An Appeal from the Circuit Court for Dade County; David Tobin, Judge.
Bennett H. Brummer, Public Defender, and Robert Kalter and Manuel Alvarez, Asst. Public Defenders, for appellant.
Robert A. Butterworth, Atty. Gen., and Randall Sutton, Asst. Atty. Gen., for appellee.
Before FERGUSON, JORGENSON and LEVY, JJ.
Defendant appeals from a judgment of conviction for strong arm robbery. For the following reason, we reverse and remand for a new trial.
During voir dire, defense counsel attempted to backstrike a juror for cause. The trial court denied the challenge and announced that his "ground rules" allowed "challenges for cause when calling for cause, then we go to peremptories."
Notwithstanding those "ground rules," it is clear beyond peradventure that "[a] trial judge has no authority to infringe upon a party's right to challenge any juror, either peremptorily or for cause, prior to the time the jury is sworn." Gilliam v. State, 514 So.2d 1098, 1099 (Fla. 1987) (citations omitted). The denial of that right is per se reversible error. Id. See also Telemaque v. State, 591 So.2d 675 (Fla. 3d DCA 1991) (same), and Fla.R.Crim.P. 3.310 ("The state or defendant may challenge an individual prospective juror before the juror is sworn to try the cause. . . .").
Reversed and remanded for a new trial.