388 So. 2d 18 | Fla. Dist. Ct. App. | 1980
Appellant/defendant, Alva Yida Porter, was charged by information with aggravated battery. A jury found appellant guilty as charged and the court sentenced her to three years and one month in the state prison. She appeals her conviction and sentence raising several issues, one of which we deem necessary to discuss.
During the course of the trial, Anthony Russell entered the courtroom to testify. Juror number one raised her hand and stated that she didn’t know the witness’s name, but she recognized his face from the school where he teaches. Although she stated she could fairly judge his testimony, the court excused her “because as you go along, you may recall, as we sometimes do when we see someone sitting, and at first we kind of vaguely remember the face, maybe, and then we might remember something else, either for him or against him, . . . .” Defense counsel objected but noted no grounds.
Appellant now claims the juror’s excusal was error and that had the juror been allowed to serve the verdict might
AFFIRMED.