Green v. State

The trial court refused to allow appellant’s counsel to use available peremptory challenges before the jury was sworn. This action constitutes per se reversible error. Gilliam v. State, 514 So.2d 1098, 1099 (Fla. 1987); Johnson v. State, 565 So.2d 911 (Fla. 1st DCA 1990). Accordingly, we are obliged to reverse appellant’s conviction and sentence and remand for a new trial.

MINER and MICKLE, JJ., and SMITH, Senior Judge, concur.