Simboli v. State

District Court of Appeal of Florida

Simboli v. State

722 So. 2d 287, 1998 Fla. App. LEXIS 16470, 1998 WL 906921

Procedural entryThis page is a short order in Simboli v. State. Read the opinion of the Court — 728 So. 2d 792 →

District Court of Appeal of Florida·Decided December 31, 1998·No. No. 98-549·Published

Opinion

PER CURIAM.

Appellant contends that the trial court erred in not permitting him to recall a potential juror for further questioning, after all challenges had been exercised and the jury panel chosen. No objection was made to the jury panel prior to the time it was sworn, thus the issue has not been preserved for appeal. Joiner v. State, 618 So.2d 174 (Fla.1993); Milstein v. Mutual Security Life Insurance Company, 705 So.2d 639 (Fla. 3d DCA 1998). We find no error in the denial by the trial court of appellant’s motion for judgment of acquittal.

AFFIRMED.

DAUKSCH and ANTOON, JJ., and ORFINGER, M., Senior Judge, concur.

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PER CURIAM.

Appellant contends that the trial court erred in not permitting him to recall a potential juror for further questioning, after all challenges had been exercised and the jury panel chosen. No objection was made to the jury panel prior to the time it was sworn, thus the issue has not been preserved for appeal. Joiner v. State, 618 So.2d 174 (Fla.1993); Milstein v. Mutual Security Life Insurance Company, 705 So.2d 639 (Fla. 3d DCA 1998). We find no error in the denial by the trial court of appellant’s motion for judgment of acquittal.

AFFIRMED.

DAUKSCH and ANTOON, JJ., and ORFINGER, M., Senior Judge, concur.

Simboli v. State, 722 So. 2d 287, 1998 Fla. App. LEXIS 16470, 1998 WL 906921 (Fla. Ct. App. 1998).

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Opinion

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