DREW MICHAEL, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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[*1293] CONFESSION OF ERROR
PER CURIAM.
Based on the state’s confession of error, we reverse defendant’s conviction and remand for a new trial. As the state correctly states, defendant’s cause challenge to the objectionable juror should have been granted. The juror expressed that he hoped he could be fair, but that he could not be sure. Uncertainty as to a venireperson’s impartiality must be resolved in favor of the party raising the challenge. James v. State, 731 So. 2d 781, 782 (Fla. 3d DCA 1999); Montozzi v. State, 633 So. 2d 563 (Fla. 4th DCA 1994); see Martinez v. State, 795 So. 2d 279 (Fla. 3d DCA 2001). Defendant has demonstrated reversible error. See Trotter v. State, 576 So. 2d 691, 693 (Fla.1990).
In view of defendant’s short sentence, we direct the trial court to conduct the new trial forthwith.
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Miles v. State, 826 So. 2d 492 (Fla. 3d DCA 2002)…, 446 So. 2d 1038, 1041 (Fla.1984). If there is any reasonable doubt as to whether a juror possesses an impartial state of mind, the trial court should excuse the juror for cause. Franqui v. State, 804 So. 2d 1185, 1191 (Fla.2001); Michael v. State, 796 So. 2d 1292 (Fla. 3d DCA 2001)(holding that “Uncertainty as to a venireperson’s impartiality must be resolved in favor of a party raising the challenge.”). [*494] In the instant case, Ms. Garner’s “equivocal response to counsel’s questions cast a reasonable dou…
Authorities Cited
- Trotter v. State, 576 So. 2d 691 (Fla. 1990)
- Natale Lorenzo Montozzi v. State, 633 So. 2d 563 (Fla. 4th DCA 1994)
- Martinez v. State, 795 So. 2d 279 (Fla. 3d DCA 2001)
- James v. State, 731 So. 2d 781 (Fla. 3d DCA 1999)