MARQUEZ v. STATE

Nos. 98-1192.

721 So.2d 1206 (1998)

Barbaro MARQUEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 2, 1998.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for Appellant.

Robert A. Butterworth, Attorney General, and Roberta G. Mandel, Assistant Attorney General, for Appellee.

Before SCHWARTZ, C.J., and SHEVIN and SORONDO, JJ.


SHEVIN, J.

Barbaro Marquez appeals his convictions for burglary of a conveyance and petit theft. We reverse.

Marquez correctly asserts that the trial court erred in denying his cause challenge of a prospective juror who expressed doubt as to whether she could presume the defendant to be innocent. The record demonstrates that during voir dire, the prospective juror responded by saying, "I don't know," when asked whether she could presume the defendant to be...

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