MICHAEL v. STATE

No. 3D01-403.

796 So.2d 1292 (2001)

Drew MICHAEL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

October 31, 2001.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Manuel Alvarez, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Erin K. Zack, Assistant Attorney General, for appellee.

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


CONFESSION OF ERROR

PER CURIAM.

Based on the state's confession of error, we reverse defendant's conviction and remand for a new trial. As the state correctly states, defendant's cause challenge to the objectionable juror should have been granted. The juror expressed that he hoped he could be fair, but that he could not be sure. Uncertainty as to a venireperson's impartiality must be resolved in favor of...

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