BENJAMIN MOOREHEAD APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE
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PER CURIAM.
Even though the trial court may have committed a “Neil” 1 error as to the proper inquiry upon a preemptory challenge of a proposed juror, any such error was waived when after the entire jury panel was selected and before being sworn, both the defendant and his counsel accepted the jury as seated.2 Joiner a/k/a John Blue v. State, 593 So. 2d 554 (Fla. 5th DCA 1992). No merit is found in the identification argument, Ray v. State, 159 Fla. 101, 31 So. 2d 156 (Fla.1947); Taylor v. State, 199 So. 2d 517 (Fla. 3d DCA 1967), therefore, the verdicts, adjudications and sentences hereunder review, are affirmed.
Affirmed.
. State v. Neil, 457 So. 2d 481 (Fla.1984).
. From the record, page 68 and 69: "MR. SAMMS: We accept, judge.” **
"MR. SAMMS: Let the record reflect I have gone over each juror with my client and he has approved each and every one; is that true?
THE DEFENDANT: Yes.”
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Dukes v. State, 623 So. 2d 857 (Fla. 3d DCA 1993)…ct does not apply to life felonies, we vacate the defendant’s habitual offender sentence and remand for resentencing consistent with this opinion. As to the Neil issue raised by the defendant, we affirm based on the authority of Moorehead v. State, 597 So. 2d 841 (Fla. 3d DCA), rev. denied, 606 So. 2d 1165 (Fla.1992), cert. denied, — U.S. -, 113 S.Ct. 1003, 122 L.Ed.2d 152 (1993). The remaining point raised by the defendant lacks merit. Accordingly, we affirm the defendant’s conviction for second-degree mur…
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Morley v. State, 616 So. 2d 587 (Fla. 3d DCA 1993)…0 (Fla.1984), cert. denied, 469 U.S. 1181, 105 S.Ct. 940, 88 L.Ed.2d 953 (1985); State v. Abreau, 363 So. 2d 1063 (Fla.1978); State v. Bryan, 287 So. 2d 73 (Fla.), cert. denied, 417 U.S. 912, 94 S.Ct. 2611, 41 L.Ed.2d 216 (1973); Moorehead v. State, 597 So. 2d 841 (Fla. 3d DCA), review denied, 606 So. 2d 1165 (Fla.1992), cert. denied, — U.S. -, 113 S.Ct. 1003, 122 L.Ed.2d 152 (1993); Bilinski v. State, 463 So. 2d 424 (Fla. 3d DCA 1985); Ryan v. State, 457 So. 2d 1084 (Fla. 4th DCA 1984), review denied, 462 So…
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Moorehead v. Singletary, 645 So. 2d 187 (Fla. 3d DCA 1994)…petitioner Benjamin Moorehead’s original petition for a writ of habeas corpus based on a claim of ineffective assistance of appellate counsel — following our affirmance of petitioner’s multiple criminal convictions and sentences. Moorehead v. State, 597 So. 2d 841 (Fla. 3d DCA), rev. denied, 606 So. 2d 1165 (Fla.1992). The state concedes, and we agree, that appellate counsel was constitutionally deficient in failing to raise the point that petitioner’s conviction on count 14 of the information [unlawful posse…
Authorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Ray v. State, 159 Fla. 101 (Fla. 1947)
- Joiner v. State, 593 So. 2d 554 (Fla. 5th DCA 1992)
- Taylor v. State, 199 So. 2d 517 (Fla. 3d DCA 1967)