Mack v. State

DIAMANTIS, Judge.

Appellant appeals his convictions for sale of cocaine,1 possession of cocaine,2 and possession of cannabis,3 claiming that the trial court erred in refusing to allow him to strike two prospective jurors before the jury was sworn. We agree and, therefore, reverse and remand for a new trial.

The jury was selected one day but was not sworn. The next day, when appellant attempted to strike two jurors by exercising peremptory challenges, the trial court refused to allow the back-strikes on the basis that there were no other available jurors. Relying on Jones v. State, 332 So.2d 615…