ALVA VIDA PORTER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Alva Vida Porter was convicted of aggravated battery by jury and sentenced to three years and one month in state prison. She appealed her conviction arguing error in the trial court's removal of a juror who recognized a witness from school. The appellate court affirmed, finding the juror's removal was within the trial court's discretion and that no prejudicial error occurred.
The trial court did not err in removing the juror. Juror competency determinations rest within the sound discretion of the trial court and will not be disturbed unless error is manifest. The parties are entitled to qualified jurors but not to any particular juror. Since an alternate juror was present and appellant had not objected to the alternate, the removal did not result in prejudicial error.
[1] A trial court has broad discretion in determining juror competency, and its decision will not be disturbed on appeal unless the error is manifest.
[2] Parties are entitled to qualified jurors, but not to any specific juror.
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Join FLexlaw to unlock all legal intelligence“Juror competency is a question of mixed fact and law within the sound discretion of the trial court whose determination will not be disturbed unless error is manifest.”
Establishes the standard of review for juror removal decisions
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Join FLexlaw to unlock all legal intelligenceDuring trial in an aggravated battery case, witness Anthony Russell entered the courtroom to testify. Juror number one recognized Russell's face from …
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BERANEK, Judge.
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 have been different. We disagree. Juror competency is a question of mixed fact and law within the sound discretion of the trial court whose determination will not be disturbed unless error is manifest. Singer v. State, 109 So. 2d 7, 22 (Fla.1959). While the parties are entitled to have qualified jurors serve, they are not entitled to any particular juror. Piccott v. State, 116 So. 2d 626 (Fla.1960), cert. denied, 364 U.S. 293, 81 S.Ct. 106, 5 L.Ed.2d 83 (1960). Since an alternate juror was present to whom appellant had not objected, the trial court did not err in exercising its discretion in removing juror number one. See Florida Rule of Criminal Procedure 3.280(a). The appellant here received a trial before a jury of 6 persons to whom she had no objection. The fact that one juror was replaced by the alternate has not been shown to have resulted in a miscarriage of justice to appellant. This is particularly so where the appellant’s objection was stated without advising the court of any grounds therefor. We therefore find appellant has failed to demonstrate prejudicial error,
AFFIRMED.
MOORE, J., and KAPNER, LEWIS, Associate Judge, concur.
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Queen Elizabeth Wiley v. State, 427 So. 2d 283 (Fla. 1st DCA 1983)…iley argues that the trial court erred in substituting the alternate juror for a juror who came in late on the second day of trial. The trial court has broad discretion in removing a juror, and there was no abuse of discretion here. Porter v. State, 388 So. 2d 18 (Fla. 4th DCA 1980). AFFIRMED. PEARSON, TILLMAN (Ret.), Associate Judge, concurs. ERVIN, J., specially concurs with opinion.…
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Sotola v. State, 436 So. 2d 1001 (Fla. 5th DCA 1983)…sion protects the system from aberrant personalities like juror Rosenberg who might abort an entire trial for any cantankerous reason entering his 82-year-old mind. (6) Sotola was not entitled to any particular jurors in any event. Porter v. State, 388 So. 2d 18 (Fla. 4th DCA 1980). In Berry v. State, 298 So. 2d 491 (Fla. 4th DCA 1974), it was held to be fundamental, reversible error to allow an alternate juror to accompany the jury into the jury room during its consideration of the case, even though the a…
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Chauncey Chavers v. State, 827 So. 2d 279 (Fla. 4th DCA 2002)…n replacing the juror. Even if we agreed with the appellant and the dissent that the court erred in excusing this juror, the error is harmless because the juror was replaced with an alternate who was acceptable to the defendant. In Porter v. State, 388 So. 2d 18, 19 (Fla. 4th DCA 1980), a juror, during trial, informed the court that she recognized a witness from school but did not know his name. Even though she could have fairly judged his testimony, the court replaced her with an alternate over the defenda…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Singer v. State, 109 So. 2d 7 (Fla. 1959)
- Piccott v. State, 116 So. 2d 626 (Fla. 1959)
- Rummel v. Musgrave, 364 U.S. 293 (U.S. 1960)