Boyzo v. State

District Court of Appeal of Florida

Boyzo v. State

922 So. 2d 453, 2006 Fla. App. LEXIS 3563, 2006 WL 625678

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 2006

DocketNo. 4D05-997

StatusPublished

This text of 922 So. 2d 453 (Boyzo 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.

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Boyzo v. State, 922 So. 2d 453, 2006 Fla. App. LEXIS 3563, 2006 WL 625678 (Fla. Ct. App. 2006).

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Opinion

[454]*454 ON MOTION FOR WRITTEN OPINION

PER CURIAM.

We grant appellant’s Rule 9.330 Motion for Written Opinion, withdraw the decision issued on January 25, 2006, and substitute the following.

Appellant’s argument that the trial court abused its discretion in denying his challenge to the race-neutral explanation for the State’s strike of an African-American juror was not preserved for appellate review because he did not renew his objection prior to the court’s swearing in the jury. See Joiner v. State, 618 So.2d 174, 176 (Fla.1993); Camellon v. State, 741 So.2d 1179, 1179-80 (Fla. 3d DCA 1999); Watson v. Gulf Power Co., 695 So.2d 904, 905 (Fla. 1st DCA 1997). We find the remaining issues raised on appeal to be without merit.

Affirmed.

POLEN, SHAHOOD and TAYLOR, JJ., concur.

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[454]*454 ON MOTION FOR WRITTEN OPINION

PER CURIAM.

We grant appellant’s Rule 9.330 Motion for Written Opinion, withdraw the decision issued on January 25, 2006, and substitute the following.

Appellant’s argument that the trial court abused its discretion in denying his challenge to the race-neutral explanation for the State’s strike of an African-American juror was not preserved for appellate review because he did not renew his objection prior to the court’s swearing in the jury. See Joiner v. State, 618 So.2d 174, 176 (Fla.1993); Camellon v. State, 741 So.2d 1179, 1179-80 (Fla. 3d DCA 1999); Watson v. Gulf Power Co., 695 So.2d 904, 905 (Fla. 1st DCA 1997). We find the remaining issues raised on appeal to be without merit.

Affirmed.

POLEN, SHAHOOD and TAYLOR, JJ., concur.

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922 So. 2d 453, 2006 Fla. App. LEXIS 3563, 2006 WL 625678, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boyzo-v-state-fladistctapp-2006.

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