Ivey v. State

We affirm without any discussion the first two issues raised by appellant in the instant case, but we reverse for new trial on the third issue.

A jury of six persons and one alternate was selected for appellant’s trial on the charge of possession of a firearm by a convicted felon. The defense exercised only two of its peremptory challenges during jury selection, and the jury was dismissed without being sworn. The following day, before the jury was brought in and sworn, defense counsel sought to exercise one of appellant’s remaining peremptory challenges. In response to the State’s argument…