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Boyzo v. State

District Court of Appeal of Florida, Fourth District
Mar 15, 2006
922 So. 2d 453 (Fla. Dist. Ct. App. 2006)

Opinion

No. 4D05-997.

March 15, 2006.

Appeal from the Circuit Court, Nineteenth Judicial Circuit, Indian River County, Dan L. Vaughn, J.

V.J. (Jimmy) Benincasa, Vero Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and August A. Bonavita, Assistant Attorney General, West Palm Beach, for appellee.


ON MOTION FOR WRITTEN OPINION


We grant appellant's Rule 9.330 Motion for Written Opinion, withdraw the decision issued on January 25, 2006, and substitute the following.

Appellant's argument that the trial court abused its discretion in denying his challenge to the race-neutral explanation for the State's strike of an African-American juror was not preserved for appellate review because he did not renew his objection prior to the court's swearing in the jury. See Joiner v. State, 618 So.2d 174, 176 (Fla. 1993); Camellon v. State, 741 So.2d 1179, 1179-80 (Fla. 3d DCA 1999); Watson v. Gulf Power Co., 695 So.2d 904, 905 (Fla. 1st DCA 1997). We find the remaining issues raised on appeal to be without merit.

Affirmed.

POLEN, SHAHOOD and TAYLOR, JJ., concur.


Summaries of

Boyzo v. State

District Court of Appeal of Florida, Fourth District
Mar 15, 2006
922 So. 2d 453 (Fla. Dist. Ct. App. 2006)
Case details for

Boyzo v. State

Case Details

Full title:Jairo BOYZO, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fourth District

Date published: Mar 15, 2006

Citations

922 So. 2d 453 (Fla. Dist. Ct. App. 2006)

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Boyzo v. State

October 04, 2006. Appeal from the 4th DCA 922 So.2d 453. Florida Decisions without Published Opinions.…