Aragon v. State

853 So. 2d 584, 2003 WL 22056015
CourtDistrict Court of Appeal of Florida
DecidedSeptember 5, 2003
Docket5D02-2664
StatusPublished
Cited by2 cases

This text of 853 So. 2d 584 (Aragon v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aragon v. State, 853 So. 2d 584, 2003 WL 22056015 (Fla. Ct. App. 2003).

Opinion

853 So.2d 584 (2003)

Gilbert ARAGON, Appellant,
v.
STATE of Florida, Appellee.

No. 5D02-2664.

District Court of Appeal of Florida, Fifth District.

September 5, 2003.

*585 Victoria L. Bloomer of Escobar, Ramirez, & Associates, P.A., Tampa, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Robin A. Compton, Assistant Attorney General, Daytona Beach, for Appellee.

SAWAYA, C.J.

Gilbert Aragon appeals his convictions and sentences for first-degree felony murder with a firearm, attempted second-degree murder with a firearm and attempted robbery with a firearm. Of the several issues Aragon raises in these proceedings, the two that merit discussion are: 1) whether Aragon is entitled to a new trial *586 because the trial court erred in denying his motions to strike two jurors for cause; and 2) whether the trial court erred in denying Aragon's motion to interview a juror. We affirm on these and all other issues raised by Aragon.

In order to resolve these two issues, it is not necessary to expound upon the events surrounding the criminal episode that led to Aragon's convictions. Because the issues involve procedural matters surrounding the jury selection process and the polling of the jury subsequent to the verdict, we will proceed with our discussion of the issues in the order previously presented.

Denial of the Motions to Strike Jurors for Cause

Aragon strenuously argues that the trial court erred in denying his motions to strike two jurors for cause and, therefore, he is entitled to a new trial. In Barnhill v. State, 834 So.2d 836 (Fla.2002), cert. denied, ___ U.S. ___, 123 S.Ct. 2281, 156 L.Ed.2d 134 (2003), the court explained the standard that applies to determine whether a juror is competent to serve:

The test for determining juror competency is whether the juror can set aside any bias or prejudice and render a verdict solely on the evidence presented and the instructions on the law given by the court. A juror must be excused for cause if any reasonable doubt exists as to whether the juror possesses an impartial state of mind. A trial court has great discretion when deciding whether to grant or deny a challenge for cause based on juror incompetency. The decision to deny a challenge for cause will be upheld on appeal if there is competent record support for the decision. In reviewing a claim of error such as this, we have recognized that the trial court has a unique vantage point in the determination of juror bias. The trial court is able to see the jurors' voir dire responses and make observations which simply cannot be discerned from an appellate record. It is the trial court's duty to determine whether a challenge for cause is proper.

Id. at 844 (citations omitted). Based on this standard, even if we assume that Aragon is correct that the trial court erred in denying his cause strikes, we are prohibited from reviewing this error because Aragon failed to properly preserve the error for review by this court.

In order to preserve for appellate review a trial court's improper denial of a motion to strike a prospective juror for cause, the complaining party must establish that: 1) a motion to strike the juror for cause was timely made; 2) the trial court improperly denied the motion; 3) the complaining party exhausted all peremptory challenges; 4) a request for additional peremptory challenges was made; 5) the jurors to be stricken with the additional challenges were identified; 6) the request for additional challenges was denied; and 7) the objectionable jurors actually served on the jury.[1] In addition, the error of refusing to strike for cause must be brought to the trial court's attention once more before the jury is sworn.[2]

*587 The State contends that Aragon failed to properly preserve any error regarding the denial of Aragon's motions to strike for cause because after he exhausted his peremptory challenges, he failed to request additional challenges. Aragon argues that he did make such a request when the following exchange took place between his counsel, Mr. Couture, and the trial court:

Mr. Couture: Your Honor, no, I do not have a challenge to Catalano; but just to make the record clear, we've exhausted our peremptory challenges.
The Court: Right.
Mr. Couture: And if we could—if some of our cause challenges would have been granted, we would have excused jury [sic] number 25, William Layman.
The Court: All right. Okay. Thank you. Bring the jury in please.

In Carratelli v. State, 832 So.2d 850 (Fla. 4th DCA 2002), review denied, 848 So.2d 1153 (Fla.2003), a case analogous to the instant case, after the defendant exhausted all of his peremptory challenges and the state accepted the jury, the court addressed defense counsel: "`Those six jurors unless additional challenges from the defense, [defense counsel].'" Id. at 855. In response, defense counsel stated, "`If—if there are others, I would challenge including Mr. Inman, and others, if you granted me more peremptories.'" Id. The court held that this statement "was neither a motion nor a request for additional peremptory challenges." Id. at 856. Here, Aragon's counsel stated that "[a]nd if we could—if some of our cause challenges would have been granted, we would have excused jury [sic] number 25, William Layman." If the statement made by defense counsel in Carratelli is not a request for additional peremptory challenges, the statement made by Aragon's counsel in the instant case certainly is not. Therefore, Aragon failed to properly preserve any error the trial judge may have made in denying his motions to strike for cause.

Denial of the Motion for Juror Interview

In order to be entitled to a juror interview, a defendant must present "sworn allegations that, if true, would require the court to order a new trial because the alleged error was so fundamental and prejudicial as to vitiate the entire proceedings." Johnson v. State, 804 So.2d 1218, 1225 (Fla.2001). If the defendant meets this burden, he "must establish actual juror misconduct [via] the juror interview." Baptist Hosp. of Miami, Inc. v. Maler, 579 So.2d 97, 100 n. 1 (Fla.1991); Miles v. State, 839 So.2d 814, 818 (Fla. 4th DCA 2003). If this burden is met, the defendant will be entitled to a new trial unless the state can show that the misconduct was harmless. Baptist Hosp.; Miles.

A juror interview is not permitted regarding inquiry into any matter that inheres in the verdict and relates to the jury's deliberations. § 90.607(2)(b), Fla. Stat. (2001) ("Upon an inquiry into the validity of a verdict or indictment, a juror is not competent to testify as to any matter *588 which essentially inheres in the verdict or indictment."); Marshall v. State, 854 So.2d 1235, 1240, n. 5, 2003 WL 21354775 (Fla. June 12, 2003); Reaves v. State, 826 So.2d 932 (Fla.2002); Johnson v. State, 593 So.2d 206, 210 (Fla.), cert. denied, 506 U.S. 839, 113 S.Ct. 119, 121 L.Ed.2d 75 (1992); Mitchell v. State, 527 So.2d 179, 181 (Fla.), cert. denied, 488 U.S. 960, 109 S.Ct. 404, 102 L.Ed.2d 392 (1988); State v. Goldwire, 762 So.2d 996 (Fla. 5th DCA 2000), review denied, 786 So.2d 1185 (Fla.2001).

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Bluebook (online)
853 So. 2d 584, 2003 WL 22056015, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aragon-v-state-fladistctapp-2003.