Forte v. State

We do not reach the appellant’s claim that he was improperly and wrongfully denied the use of a peremptory challenge because we find that his acceptance of the jury panel under the circumstances waived his right to claim the point on appeal. Accordingly, we affirm the order under review.

After defense counsel told the trial court that he felt his peremptory challenge was improperly disallowed, the trial judge, in no uncertain terms, gave the defendant the option of going forward with the current panel (including the juror the defendant was not allowed to strike) or striking the panel and…