From Casetext: Smarter Legal Research

Johnson v. State

District Court of Appeal of Florida, Second District
May 24, 2000
763 So. 2d 1214 (Fla. Dist. Ct. App. 2000)

Opinion

No. 2D99-152

Opinion filed May 24, 2000

Appeal from the Circuit Court for Pinellas County; Philip J. Federico, Judge.

James Marion Moorman, Public Defender, and Megan Olson, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Jonathan P. Hurley, Assistant Attorney General, Tampa, for Appellee.


Johnnie Johnson appeals his convictions for burglary, robbery, and four counts of sexual battery. In the present appeal, Johnson only challenges the trial court's refusal to excuse one juror for cause resulting in his use of a peremptory challenge which would have been used to disqualify another juror. Johnson's counsel believed that he had preserved an objection by following the steps enunciated in Trotter v. State, 576 So.2d 691 (Fla. 1990). However, he did not renew the objection at the time the jury was sworn. Our sister court has recognized that Trotter does not stand "for the proposition that it is unnecessary for the litigant to renew the objection prior to the time that the jury is sworn." Milstein v. Mutual Sec. Life Ins. Co., 705 So.2d 639, 640 (Fla.3d DCA 1998). We agree with this conclusion. Because Johnson failed to renew his objection immediately before the jury was sworn, he did not preserve this issue for appellate review. Thus, we affirm.

Affirmed.

PARKER, A.C.J., and WHATLEY, J., Concur.


Summaries of

Johnson v. State

District Court of Appeal of Florida, Second District
May 24, 2000
763 So. 2d 1214 (Fla. Dist. Ct. App. 2000)
Case details for

Johnson v. State

Case Details

Full title:JOHNNIE JOHNSON, Appellant, v. STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Second District

Date published: May 24, 2000

Citations

763 So. 2d 1214 (Fla. Dist. Ct. App. 2000)

Citing Cases

Johnson v. State

Affirmed. See Teffeteller v. Dugger, 734 So. 2d 1009 (Fla. 1999); Brown v. State, 827 So. 2d 1054 (Fla. 2d…

Greathouse v. State

618 So.2d 174, 176 (Fla. 1993) (holding that the defendant had waived his Neil objection when he accepted the…