MARIO ANTEZ KEITH
v.
STATE OF FLORIDA
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A defendant waives the right to challenge a trial court's decision to strike a juror for cause by failing to object before the jury is sworn.
[1] A defendant must object to a trial court's decision to strike a juror for cause before the jury is sworn to preserve the issue for appeal; failure to do so constitutes wa…
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Join FLexlaw to unlock all legal intelligenceMario Antez Keith was convicted in Holmes County Circuit Court. The trial court granted the State's request to strike a juror for cause.…
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FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
_____________________________
No. 1D18-1494 _____________________________
MARIO ANTEZ KEITH,
Appellant,
v.
STATE OF FLORIDA,
Appellee. _____________________________
On appeal from the Circuit Court for Holmes County. Timothy Register, Judge.
June 28, 2019
PER CURIAM.
Appellant claims he is entitled to a new trial because the trial court erred in granting the State’s request to strike a juror for cause. We find Appellant’s argument meritless, because he failed to preserve the argument by objecting before the jury was sworn. Carratelli v. State, 961 So. 2d 312, 318 (Fla. 2007) (requiring counsel to renew an objection before the jury is sworn); Zach v. State, 911 So. 2d 1190, 1204 (Fla. 2005) (finding waiver absent a timely objection before the jury is sworn). Absent the required objection, this issue was waived below and is not preserved for appeal. Appellant has not argued or demonstrated fundamental error. We therefore affirm his conviction and sentence.
2
AFFIRMED.
ROWE, BILBREY, and KELSEY, JJ., concur.
_____________________________
Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________
Andy Thomas, Public Defender, and Pamela D. Presnell, Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Steven Edward Woods, Assistant Attorney General, Tallahassee, for Appellee.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Carratelli v. State, 961 So. 2d 312 (Fla. 2007)
- Zack v. State, 911 So. 2d 1190 (Fla. 2005)