POLITE v. STATE

No. 3D99-2463.

754 So.2d 859 (2000)

Gary Lamar POLITE, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

April 12, 2000.


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 Consuelo Maingot, Assistant Attorney General, and Kelly Cohen, Certified Legal Intern, for appellee.

Before SCHWARTZ, C.J., JORGENSON and GREEN, JJ.


GREEN, J.

Gary Lamar Polite was charged with possession of cocaine and the sale of cocaine to an undercover police officer. Polite proceeded to a jury trial and asserted misidentification as his defense. Polite was convicted as charged. On this appeal, he argues that he is entitled to a new trial because the trial judge erred in refusing to strike two potential jurors for cause during the voir dire proceeding. We agree. Therefore, we reverse and remand for a new trial...

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