DANIEL DENHAM AND GEORALD DENHAM, APPELLANTS,
v.
STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Appellants were convicted of attempted murder and possession of a firearm while engaged in a criminal offense. We affirm.
After a review of the briefs and record, we find the points urged on appeal lacking in merit. Appellants contend they were improperly prevented from exercising a “back-strike” against a prospective juror. We find that this issue was not properly preserved for appeal but in passing note that prospective jurors may be challenged at any time before the jury is sworn to try the case. See Florida Rule of Criminal Procedure 3.310 and Knee v. State, 294 So. 2d 411 (Fla. 4th DCA 1974). “Back-striking” or back-challenging should not be prohibited by a trial court. The appellants’ convictions are hereby affirmed.
AFFIRMED.
DOWNEY, ANSTEAD and BERANEK, JJ., concur.
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Aldelbert Rivers v. State, 458 So. 2d 762 (Fla. 1984)…nes v. State, 332 So. 2d 615 (Fla.1976). However, because defense counsel did not subsequently attempt to “backstrike” any prospective juror after the judge made this statement, this issue has not been properly preserved for appeal. Denham v. State, 421 So. 2d 1082 (Fla. 4th DCA 1982). In addition, given the overwhelming evidence of appellant’s guilt, we find that noncompliance with this rule was harmless error. Jones v. State. Next appellant argues that the trial judge should have held a hearing to determine…
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Tedder v. Video Elecs., Inc., 491 So. 2d 533 (Fla. 1986)…tempting to backstrike and not being allowed to use their peremptory challenge to do so, respondents have shown prejudice and the point has been properly preserved for appeal. Compare Rivers v. State, 458 So. 2d 762, 764 (Fla.1984); Denham v. State, 421 So. 2d 1082 (Fla. 4th DCA 1982). Respondents ultimately lost at trial. In the subsequent appeal, the First District held that the trial judge had abused his discretion in the jury selection process and remanded for a new trial. Under our common law, the time a…
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Grant v. State, 429 So. 2d 758 (Fla. 4th DCA 1983)…e deprived of the opportunity to exercise such peremptory challenges and such challenges for cause which he may have in order to provide him with the greatest opportunity to have a fair and impartial trial by a jury of his peers. In Denham v. State, 421 So. 2d 1082 (Fla. 4th DCA 1982), we stated in dicta that the trial court should not prohibit backstriking. Sub judice, the trial judge did not initially offer the accused a full and open jury selection, which he then restricted for reasons within his broad disc…
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- Knee v. State, 294 So. 2d 411 (Fla. 4th DCA 1974)