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DIAZ v. STATE

No. 4D08-4619.

45 So.3d 32 (2010)

Manuel Gaona DIAZ, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 29, 2010.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Peggy Natale , Assistant Public Defender, West Palm Beach, for appellant.

Bill McCollum , Attorney General, Tallahassee, and Sue-Ellen Kenny , Assistant Attorney General, West Palm Beach, for appellee.

FISHMAN, JANE D., Associate Judge.

Manuel Diaz appeals his conviction and sentence of one count of lewd and lascivious battery. We reverse and remand for a new trial, because the trial court erroneously denied Diaz' challenge for cause to a potential juror.

During voir dire the assistant state attorney had the following exchange with a potential juror:

STATE: You take that oath. And when you take that oath, those of us who are involved in the...

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