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611 So. 2d 35

Zippo v. State

District Court of Appeal of Florida

Decided December 23, 1992

District Court of Appeal of Florida · decided 1992-12-23

Cited by 9 later decisions — most recently June 2003

8 state decisions

Relies on Trotter v. State · The Florida Bar v. Ward · 592 So. 2d 369 - Street v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1992-12-23

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PER CURIAM.

¶1Appellant was charged with first-degree murder, tried by jury and convicted of the lesser included offense of second-degree murder.

¶2Appellant argues, and we agree, that the record clearly reflects a lack of impartiality on the part of a prospective juror and that it was error for the trial court to deny his challenge for cause. Appellant used a peremptory challenge to remove that juror, subsequently exhausted his quiver of peremptory challenges and identified a juror whom he would have struck peremptorily had he not previously exhausted his allotment of peremptory challenges. The trial court denied his request for an additional peremptory challenge and the juror was seated on his jury.

¶3Notwithstanding the nonappearance on the record that appellant was prejudiced by the trial court’s error, i.e., that the seated juror he was unable to strike peremptorily was biased or otherwise incompetent, we must reverse and remand for a new trial. See Trotter v. State, 576 So.2d 691 (Fla.1990); Street v. State, 592 So.2d 369 (Fla. 4th DCA), rev. denied, 599 So.2d 658 (Fla.1992).

GLICKSTEIN, C.J., and DELL, J., and OWEN, WILLIAM C., JR., Senior Judge, concur.
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