CLINTON CHANDLER v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA CLINTON CHANDLER, Appellant, NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED v. CASE NO. 1D03-5384 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed May 6, 2005. An appeal from the Circuit Court for Leon County. Russell Cole, Judge. Linda McDermott of McClain & McDermott, P.A., Wilton Manors, for Appellant. Charles J. Crist, Jr., Attorney General; Felicia A. Wilcox, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. In this appeal from judgment and sentence imposed for trafficking in cocaine, appellant claims, inter alia, that the trial court reversibly erred by allowing the prosecutor to peremptorily backstrike a juror after swearing of the jury panel and after all of the evidence was heard. We agree. See Fla. R. Crim. P. 3.310. We therefore reverse and remand for a new trial and find it unnecessary to address appellant s remaining claims. REVERSED; REMANDED FOR NEW TRIAL. WOLF, C.J., DAVIS and BROWNING, JJ., CONCUR. 2

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