Diaz v. State

FISHMAN, JANE D., Associate Judge.

Manuel Diaz appeals his conviction and sentence of one count of lewd and lascivious battery. We reverse and remand for a new trial, because the trial court erroneously denied Diaz’ challenge for cause to a potential juror.

During voir dire the assistant state attorney had the following exchange with a potential juror:

STATE: You take that oath. And when you take that oath, those of us who are involved in the case count on you to, to uphold that oath. Okay? And you’re taking an oath to follow the law. [D]o you think that it would be, think you would cheat…