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591 So. 2d 675

Docket No. 91-1649.

Telemaque v. State

Michael TELEMAQUE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida

Decided December 31, 1991.

District Court of Appeal of Florida · decided 1991-12-31

Relies on 514 So. 2d 1098 - Gilliam v. State · 464 So. 2d 1181 - Jackson v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1991-12-31

How this case has been cited

Cited by 9 later decisions — most recently March 2016

9 state decisions

40199120002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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¶1Bennett H. Brummer, Public Defender, and Valerie Jonas, Asst. Public Defender, for appellant.

¶2Robert A. Butterworth, Atty. Gen., and Consuelo Maingot, Asst. Atty. Gen., for appellee.

¶3Before SCHWARTZ, C.J., and BASKIN and GODERICH, JJ.

¶4PER CURIAM.

¶5Defendant appeals his convictions and sentences for battery on a law enforcement officer, battery, and resisting arrest without violence. During voir dire the state asserted that defendant was not exercising his peremptory challenges in a race-neutral manner and moved to strike the panel. The trial judge denied the motion, but stated that he would not permit defendant's next peremptory challenge. When defendant attempted to exercise another peremptory challenge, the court rejected the challenge. Defendant asserts the court committed reversible error.

¶6We agree. The trial court's denial of defendant's peremptory challenge infringed on his "right to challenge any juror, either peremptorily or for cause, prior to the time the jury is sworn." Gilliam v. State,514 So.2d 1098, 1099 (Fla. 1987), citing Jackson v. State,464 So.2d 1181, 1183 (Fla. 1985). The trial court's denial constitutes per se reversible error. Gilliam,514 So.2d at 1099. We therefore reverse defendant's convictions and remand for a new trial.

¶7Reversed and remanded.

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