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Michael v. State

District Court of Appeal of Florida, Third District
Oct 31, 2001
796 So. 2d 1292 (Fla. Dist. Ct. App. 2001)

Summary

holding that "[u]ncertainty as to a venireperson's impartiality must be resolved in favor of a party raising the challenge."

Summary of this case from Miles v. State

Opinion

Case No. 3D01-403

Opinion filed October 31, 2001.

An Appeal from the Circuit Court for Monroe County, Mark Jones, Judge. Lower Tribunal No. 00-912.

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., GREEN and SHEVIN, JJ.


Based on the state's confession of error, we reverse defendant's conviction and remand for a new trial. As the state correctly states, defendant's cause challenge to the objectionable juror should have been granted. The juror expressed that he hoped he could be fair, but that he could not be sure. Uncertainty as to a venireperson's impartiality must be resolved in favor of the party raising the challenge. James v. State, 731 So.2d 781, 782 (Fla. 3d DCA 1999); Montozzi v. State, 633 So.2d 563 (Fla. 3d DCA 1994); see Martinez v. State, 26 Fla. L. Weekly D2358 (Fla. 3d DCA Oct. 3, 2001). Defendant has demonstrated reversible error. See Trotter v. State, 576 So.2d 691, 693 (Fla. 1990).

In view of defendant's short sentence, we direct the trial court to conduct the new trial forthwith.

Reversed and remanded.


Summaries of

Michael v. State

District Court of Appeal of Florida, Third District
Oct 31, 2001
796 So. 2d 1292 (Fla. Dist. Ct. App. 2001)

holding that "[u]ncertainty as to a venireperson's impartiality must be resolved in favor of a party raising the challenge."

Summary of this case from Miles v. State
Case details for

Michael v. State

Case Details

Full title:DREW MICHAEL, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Oct 31, 2001

Citations

796 So. 2d 1292 (Fla. Dist. Ct. App. 2001)

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