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HOLLOWAY v. STATE

No. 80-2516.

413 So.2d 94 (1982)

Aaron HOLLOWAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 10, 1982.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Harold T. Smith, Sp. Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and John F. Robenalt, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.

BASKIN, Judge.

We reverse defendant Holloway's convictions of burglary and grand theft because the record discloses that defense counsel was denied the right to exercise remaining peremptory challenges prior to the swearing of the jury.

[T]he right of a prisoner to challenge any juror peremptorily is absolute at any time before the juror is sworn, and ... no circumstances can bring that right within the discretion of the court so long as it is confined to...

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