Legal Opinion

Enamorado v. State

District Court of Appeal of Florida

Decided June 30, 1999No. 98-0900PublishedCited by 1 opinion

1Per curiam

Appellant’s claim that he was entitled to more peremptory challenges as a matter of right was not presented to the trial court, and is thus not properly preserved for appellate review. See Maio v. State, 531 So.2d 1055, 1056-57 (Fla. 3d DCA 1988); Verreautt v. State, 411 So.2d 234, 234-35 (Fla. 3d DCA 1982).

We decline to entertain on this direct appeal appellant’s alternative claim that trial counsel was ineffective for failing to recognize that appellant was entitled to ten peremptory challenges, rather than six. This ruling is without prejudice to appellant to pursue a motion for…

2Cases cited2 opinions

  1. Verreautt v. StateDistrict Court of Appeal of Florida · 1982
  2. Maio v. StateDistrict Court of Appeal of Florida · 1988

3Cited by1 opinion

  1. Dante v. StateDistrict Court of Appeal of Florida · 2005

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