From Casetext: Smarter Legal Research

Curtis v. State

District Court of Appeal of Florida, Third District
Sep 27, 2000
767 So. 2d 627 (Fla. Dist. Ct. App. 2000)

Opinion

Case No. 3D99-1827

Opinion filed September 27, 2000. July Term, A.D. 2000

An Appeal from the Circuit Court for Monroe County, Richard Payne, Judge; Lower Tribunal No. 97-854.

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

Before GERSTEN, and RAMIREZ, JJ., and NESBITT, Senior Judge.


Fred Curtis appeals his conviction for numerous counts of child sexual abuse-related crimes. He contends that his convictions should be reversed and he should be granted a new trial because the trial court erroneously denied his challenge for cause to one of the prospective jurors for his trial and subsequently denied his request for two additional peremptory challenges to remove other "objectionable" jurors from the panel. Our review of the record shows, however, that the trial judge did, in fact, give Curtis an additional peremptory challenge, for a total of eleven peremptory challenges. We affirm because the award of this additional peremptory challenge cured the admittedly erroneous denial of the challenge for cause of the objectionable juror. See Watson v. State, 651 So.2d 1159, 1162 (Fla. 1994).

Affirmed.


Summaries of

Curtis v. State

District Court of Appeal of Florida, Third District
Sep 27, 2000
767 So. 2d 627 (Fla. Dist. Ct. App. 2000)
Case details for

Curtis v. State

Case Details

Full title:FRED CURTIS, Appellant, vs. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Sep 27, 2000

Citations

767 So. 2d 627 (Fla. Dist. Ct. App. 2000)

Citing Cases

Weinstein Design Group v. Fielder

Finally, we note that any alleged error in failing to dismiss a juror for cause may be cured by granting…