Opinion
Case No. 97-2567.
Opinion filed February 25, 1998. JANUARY TERM, A.D. 1998.
An appeal from the Circuit Court for Dade County, Manuel A. Crespo, Judge. L.T. No. 96-11041
Bennett H. Brummer, Public Defender and Suzanne M. Froix, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General and Keith S. Kromash, Assistant Attorney General, for appellee.
Before GODERICH, GREEN, and SORONDO, JJ.
We cannot conclude that the lower court manifestly erred when it denied appellants cause challenge to a federal prosecutor whose responses to voir dire questioning did not otherwise indicate an inability to be fair and impartial in the proceeding below. See Davis v. State, 461 So.2d 67, 70 (Fla. 1984), cert. denied, 473 U.S. 913 (1985) and habeas corpus denied sub nom, Davis V. Wainright, 498 So.2d 857 (Fla. 1986); Lusk v. State, 446 So.2d 1038, 1041 (Fla. 1984), cert. denied, 469 U.S. 873 (1984) and grant of habeas corpus reversed sub nom,Lusk v. Dugger, 890 F.2d 332 (11th Cir. 1989).
Affirmed.
GODERICH and GREEN, JJ., concur.
The defendant did not renew his motion to strike the juror in question immediately before the jury was sworn. Consequently, I agree that the judgment and sentence of the lower court should be affirmed. Mitchell v. State, 620 So.2d 1008 (Fla. 1993); Milstein v. Mutual Security Life, Ins. Co., 23 Fla. L. Weekly D286 (Fla. 3d DCA Jan. 21, 1998). Because the issue was not preserved for appellate review, I do not believe it is necessary to address the substantive issue presented. Accordingly, I concur in result only.