620 So. 2d 804 | Fla. Dist. Ct. App. | 1993
Appellant appeals his convictions for sale of cocaine,
The jury was selected one day but was not sworn. The next day, when appellant attempted to strike two jurors by exercising peremptory challenges, the trial court refused to allow the back-strikes on the basis that there were no other available jurors. Relying on Jones v. State, 332 So.2d 615 (Fla.1976), the state contends that such error was harmless. In Gilliam v. State, 514 So.2d 1098 (Fla.1987), however, the supreme court specifically receded from Jones and held that the trial court’s denial of a defendant’s right to challenge any juror prior to the jury being sworn constitutes per se reversible error. See also Lewis v. State, 593 So.2d 1195 (Fla. 4th DCA 1992); Telemaque v. State, 591 So.2d 675 (Fla. 3d DCA 1991); Johnson v. State, 565 So.2d 911 (Fla. 1st DCA 1990); Shelby v. State, 541 So.2d 1219 (Fla. 2d DCA 1989); Fla.R.Crim.P. 3.310.
REVERSED and REMANDED.
. § 893.13(l)(a)l, Fla.Stat. (1991).
. §§ 893.03(2)(a)4, 893.13(l)(f), Fla.Stat. (1991).
.§§ 893.13(l)(f), 893.13(l)(g), Fla.Stat. (1991).