JAMES SESSIONS, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1999-09-01
No. 99-48
Before SCHWARTZ, C.J., and COPE and LEVY, JJ.
738 So. 2d 1034 Florida District Court of Appeal, Third District (1999) Positive Treatment
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

In accordance with the state’s correct and commendable confession that the trial court erred in declining to strike a juror for cause, the conviction and sentence under review are reversed for a new trial. See Mann v. State, 571 So. 2d 551 (Fla. 3d DCA 1990).


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Cited By

  • Roque v. State, 754 So. 2d 144 (Fla. 3d DCA 2000)
    …uld have and could have been raised on direct appeal, see. Byrd v. State, 597 So. 2d 252, 254 (Fla.1992) (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore, 738 So. 2d 1034 (Fla. 3d DCA 1999)(same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). We have no jurisdiction to [*145] review the additional two issues raised by the defendant in his…
  • Santiexposito v. State (Fla. 3d DCA 2022)
    …and could have been raised on direct appeal, see Byrd v. State, 2 597 So. 2d 252, 254 (Fla.1992) (holding that post-conviction relief cannot be based on grounds which either were or could have been raised on direct appeal); Morejon v. Moore, 738 So. 2d 1034 (Fla. 3d DCA 1999) (same), or are conclusively refuted by the record, see Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L.Ed.2d 674 (1984). Affirmed.…

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