Maio v. State

DANIEL S. PEARSON, Judge.

In Verreautt v. State, 411 So.2d 234 (Fla. 3d DCA 1982), we held that a defendant who was entitled to ten peremptory challenges by virtue of being charged with a life felony, but who did not timely object when the trial court mistakenly limited him to six challenges, failed to preserve this error for appeal. We distinguished Verreautt’s inaction from (a) the action of the defendant in Newsome v. State, 355 So.2d 483 (Fla. 2d DCA 1978), whose attempt to exercise a seventh challenge was held to have adequately preserved for appeal the same error, and (b) the inaction of…