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MACK v. STATE

No. 92-2072.

620 So.2d 804 (1993)

Kevin MACK, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

June 25, 1993.

Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Kenneth Witts, Asst. Public Defender, Daytona Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Myra J. Fried, Asst. Atty. Gen., Daytona Beach, for appellee.

DIAMANTIS, Judge.

Appellant appeals his convictions for sale of cocaine,1 possession of cocaine,2 and possession of cannabis,3 claiming that the trial court erred in refusing to allow him to strike two prospective jurors before the jury was sworn. We agree and, therefore, reverse and remand for a new trial.

The jury was selected one day but was not sworn. The next day, when...

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