GRAY v. STATE

No. 88-0937.

536 So.2d 363 (1988)

Charles GRAY, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied February 1, 1989.


Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Louis G. Carres, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John W. Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.


PER CURIAM.

We affirm the appellant's conviction and sentence but remand with directions to strike the costs assessed without prejudice to the state to apply for a cost assessment with proper hearing and advance notice to appellant. We agree with appellant that the trial court erred in selecting the final juror and an alternate from volunteers among the jury venire, but we find the error harmless, since there is not even a claim that either of these jurors were in...

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