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Duncan v. State

District Court of Appeal of Florida, Third District
Oct 29, 1991
588 So. 2d 50 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-1862.

October 29, 1991.

Appeal from the Circuit Court, Dade County, Michael H. Salmon, J.

Bennett H. Brummer, Public Defender, and Freidin, Hirsh, Green Gerrard and Barbara Green, Special Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before HUBBART, FERGUSON and GERSTEN, JJ.


The defendant appeals his conviction for aggravated assault with a motor vehicle on the ground his challenges for cause should have been granted to exclude two jurors who admitted that they were biased in favor of the credibility of police officers. Having exhausted two peremptory challenges on the two jurors in question, the defendant asked for, but was denied, two additional peremptory challenges.

Based on the State's confession of error, and the sound authority of Mann v. State, 571 So.2d 551 (Fla. 3d DCA 1990), Jefferson v. State, 489 So.2d 211, rev. denied, 494 So.2d 1153 (Fla. 1987) and Smith v. State, 516 So.2d 43 (Fla. 3d DCA 1987), the defendant's conviction is reversed and the cause is remanded for a new trial.


Summaries of

Duncan v. State

District Court of Appeal of Florida, Third District
Oct 29, 1991
588 So. 2d 50 (Fla. Dist. Ct. App. 1991)
Case details for

Duncan v. State

Case Details

Full title:PAUL DUNCAN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 29, 1991

Citations

588 So. 2d 50 (Fla. Dist. Ct. App. 1991)

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