Summary
holding that trial court's refusal to allow defendant to use available peremptory challenges constitutes per se reversible error
Summary of this case from Dante v. StateOpinion
No. 95-1818.
May 20, 1996.
Appeal from the Circuit Court, P. Kevin Davey, J.,
Nancy A. Daniels, Public Defender; Jean R. Wilson, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General; Douglas Gurnic, Assistant Attorney General, Tallahassee, for Appellee.
The trial court refused to allow appellant's counsel to use available peremptory challenges before the jury was sworn. This action constitutes per se reversible error. Gilliam v. State, 514 So.2d 1098, 1099 (Fla. 1987); Johnson v. State, 565 So.2d 911 (Fla. 1st DCA 1990). Accordingly, we are obliged to reverse appellant's conviction and sentence and remand for a new trial.
MINER and MICKLE, JJ., and SMITH, Senior Judge, concur.