PEEK v. STATE

No. 80-2394.

413 So.2d 1225 (1982)

Charles Henry PEEK, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 11, 1982.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Andrew M. Kassier, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen. and Calvin L. Fox, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.


HENDRY, Judge.

Defendant Charles Peek appeals from a final judgment of conviction and sentencing for petit theft. The single issue for our determination is whether the trial court erred in refusing to excuse a juror for cause. We hold that the court's denial of the challenge for cause, after the defendant had exhausted all his peremptory challenges in reliance upon a previous ruling striking the juror for cause, impaired defendant's right to a fair trial and mandates...

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