Ortiz v. State

Appellant, Eluterio Ortiz, appeals his conviction on the charge of attempted first degree murder, raising two points on appeal. We affirm as to both issues raised.

In his first issue, appellant argues that the trial court abused its discretion in substituting an alternate juror for a juror selected to serve on the panel who had been sleeping during the proceedings.

The trial court has broad discretion with regard to the course of the trial and the conduct of the jurors. See Orosz v. State, 389 So.2d 1199, 1200 (Fla. 1st DCA 1980). Accordingly, whether to remove a sleeping juror and substitute…