Kidd v. State

Defendant appeals his convictions and sentences for sexual battery, kidnapping, and robbery. We reverse.

Defendant claims that the trial court erred in not allowing the exercise of peremptory challenges of jurors at a time when a full jury panel had been accepted but not yet sworn. We agree that a juror can be challenged up until the time he is sworn. See Fla.R.Crim.P. 3.310; Jackson v. State, 464 So.2d 1181 (Fla.1985).

The state contends that the defense motion was a request to challenge the jurors for cause, not a request to exercise the remaining peremptory challenges. However, the trial…