O'QUENDO v. STATE

No. 5D01-3491.

823 So.2d 834 (2002)

Mario O'QUENDO, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

August 16, 2002.


Attorney(s) appearing for the Case

James B. Gibson, Public Defender, and Lyle Hitchens, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ann M. Phillips, Assistant Attorney General, Daytona Beach, for Appellee.


GRIFFIN, J.

Mario O'Quendo ["O'Quendo"] appeals his convictions for aggravated fleeing and eluding at high speed, resisting arrest without violence, and driving without a license. He claims the verdict convicting him was tainted by the action of the judge presiding over jury selection in excusing, over his objection, a public defender who had been called to jury duty.1

At trial, defense counsel contended that because the judge...

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