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955 So. 2d 1195

Docket No. 3D06-556.

Garrido v. State

Antonio GARRIDO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2007-05-02

Cited by 1 later decisions — most recently July 2010

1 state decisions

Relies on 659 So. 2d 239 - De La Rosa v. Zequeira · 559 So. 2d 1201 - Mobley v. State · 760 So. 2d 956 - Massey v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2007-05-02

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¶1Bennett H. Brummer, Public Defender, and Thomas Regnier, Assistant Public Defender, for appellant.

¶2Bill McCollum, Attorney General, and Daniel P. Hyndman, West Palm Beach, Assistant Attorney General, for appellee.

¶3Before GREEN and SHEPHERD, JJ., and SCHWARTZ, Senior Judge.

¶4PER CURIAM.

¶5Appellant's convictions are reversed for a new trial because the trial judge erroneously refused to excuse a selected juror and declare a mistrial. That ruling was required because, after the jury was sworn, the juror revealed that, although she had failed to respond when asked on the juror questionnaire whether she had been the victim of a crime, she had in fact twice been the victim of a burglary, the very offense with which Garrido was charged. See De La Rosa v. Zequeira,659 So.2d 239 (Fla.1995); Massey v. State,760 So.2d 956 (Fla. 3d DCA 2000); see also Mobley v. State,559 So.2d 1201 (Fla. 4th DCA 1990).

¶6Reversed and remanded for a new trial.

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