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Johnnie JOHNSON, Appellant, v. STATE of Florida, Appellee.
Johnnie Johnson appeals his convictions for burglary, robbery, and four counts of sexual battery. In the present appeal, Johnson only challenges the trial court's refusal to excuse one juror for cause resulting in his use of a peremptory challenge which would have been used to disqualify another juror. Johnson's counsel believed that he had preserved an objection by following the steps enunciated in Trotter v. State, 576 So.2d 691 (Fla.1990). However, he did not renew the objection at the time the jury was sworn. Our sister court has recognized that Trotter does not stand “for the proposition that it is unnecessary for the litigant to renew the objection prior to the time that the jury is sworn.” Milstein v. Mutual Sec. Life Ins. Co., 705 So.2d 639, 640 (Fla. 3d DCA 1998). We agree with this conclusion. Because Johnson failed to renew his objection immediately before the jury was sworn, he did not preserve this issue for appellate review. Thus, we affirm.
Affirmed.
SALCINES, Judge.
PARKER, A.C.J., and WHATLEY, J., Concur.
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Docket No: No. 2D99-152.
Decided: May 24, 2000
Court: District Court of Appeal of Florida,Second District.
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FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
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