ANTONIO GARRIDO, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
ANTONIO GARRIDO, APPELLANT,
THE STATE OF FLORIDA, APPELLEE
955 So. 2d 1195
Florida District Court of Appeal, Third District (2007)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
Appellant’s convictions are reversed for a new trial because the trial judge erroneously refused to excuse a selected juror and declare a mistrial. That ruling was required because, after the jury was sworn, the juror revealed that, although she had failed to respond when asked on the juror questionnaire whether she had been the victim of a crime, she had in fact twice been the victim of a burglary, the very offense with which Garrido was charged. See De La Rosa v. Zequeira, 659 So. 2d 239 (Fla.1995); Massey v. State, 760 So. 2d 956 (Fla. 3d DCA 2000); see also Mobley v. State, 559 So. 2d 1201 (Fla. 4th DCA 1990).
Reversed and remanded for a new trial.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Nicholas v. State, 47 So. 3d 297 (Fla. 2d DCA 2010)…to a question or questions propounded during voir dire. For example, after a juror had been sworn, she revealed that on her juror questionnaire she had concealed material information about the crimes of which she had been a victim. Garrido v. State, 955 So. 2d 1195, 1196 (Fla. 3d DCA 2007). Because of the juror’s concealment of material information, the Third District held that the trial court erred in refusing to remove the juror and declare a mistrial. Id. The Fourth District reached the same result on simil…
Authorities Cited
- DE LA Rosa v. Zequeira, 659 So. 2d 239 (Fla. 1995)
- Mobley v. State, 559 So. 2d 1201 (Fla. 4th DCA 1990)
- Massey v. State, 760 So. 2d 956 (Fla. 3d DCA 2000)