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MATTHEWS v. STATE

No. 83-429.

451 So.2d 973 (1984)

Allen MATTHEWS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

June 13, 1984.

Attorney(s) appearing for the Case

Martin Lemlich, Miami Beach, for appellant.

Jim Smith, Atty. Gen., Tallahassee, and Joy B. Shearer, Asst. Atty. Gen., West Palm Beach, for appellee.

PER CURIAM.

Reversed and remanded for a new trial on the authority of Grant v. State, 429 So.2d 758 (Fla. 4th DCA 1983).

Prior to the jury being sworn, the appellant attempted to exercise one of his remaining preemptory challenges to the jury panel. The trial court refused to entertain the appellant's objection at that time and directed that the jury be sworn. After the jury was sworn and the remaining prospective...

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