Telemaque v. StateTelemaque v. State
Defendant appeals his convictions and sentenсes for battery on а law enforcement officer, battery, and resisting arrest without violence. During voir dire the stаte asserted that dеfendant was not exercising his peremptory challenges in a race-neutral mannеr and moved to strike the panel. The trial judge denied the motion, but stated that he would not permit defendant‘s next peremptory chаllenge. When defendant attempted to exercise another peremptory challenge, the court rejected the challenge. Defendant asserts the court сommitted reversible еrror.
We agree. The trial court‘s denial оf defendant‘s perеmptory challengе 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.
Reversed and remanded.