Layton v. State

District Court of Appeal of Florida

Layton v. State

790 So. 2d 612, 2001 Fla. App. LEXIS 11127, 2001 WL 883641

District Court of Appeal of Florida·Decided August 8, 2001·No. No. 3D01-852·Published

Opinion

CONFESSION OF ERROR

PER CURIAM.

Pursuant to the State’s confession of error, we reverse the defendant’s conviction and sentence and remand for a new trial. The State properly concedes that a reasonable doubt existed as to whether one or more of the jurors, to whom a cause challenge was denied, possessed an impartial state of mind, Van Poyck v. Singletary, 715 So.2d 930, 931 (Fla.1998)(citing Hill v. State, 477 So.2d 553 (Fla.1985)), cert. denied, 526 U.S. 1018, 119 S.Ct. 1252, 143 L.Ed.2d 349 (1999), and that this error was properly preserved.

Reversed and remanded for a new trial.

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CONFESSION OF ERROR

PER CURIAM.

Pursuant to the State’s confession of error, we reverse the defendant’s conviction and sentence and remand for a new trial. The State properly concedes that a reasonable doubt existed as to whether one or more of the jurors, to whom a cause challenge was denied, possessed an impartial state of mind, Van Poyck v. Singletary, 715 So.2d 930, 931 (Fla.1998)(citing Hill v. State, 477 So.2d 553 (Fla.1985)), cert. denied, 526 U.S. 1018, 119 S.Ct. 1252, 143 L.Ed.2d 349 (1999), and that this error was properly preserved.

Reversed and remanded for a new trial.

Layton v. State, 790 So. 2d 612, 2001 Fla. App. LEXIS 11127, 2001 WL 883641 (Fla. Ct. App. 2001).

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Opinion

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