Curtis v. State

Decision Date27 September 2000
Parties(Fla.App. 3 Dist. 2000) FRED CURTIS, Appellant, v. THE STATE OF FLORIDA, Appellee. NO. 3D99-1827 JULY TERM, A.D. 2000
CourtFlorida District Court of Appeals

An Appeal from the Circuit Court for Monroe County, Richard Payne, Judge. LOWER TRIBUNAL NO. 97-854

Bennett H. Brummer, Public Defender, and Bruce A. Rosenthal, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Regine Monestime, Assistant Attorney General, for appellee.

Before GERSTEN, and RAMIREZ, JJ., and NESBITT, Senior Judge.

PER CURIAM.

Fred Curtis appeals his conviction for numerous counts of child sexual abuse-related crimes. He contends that his convictions should be reversed and he should be granted a new trial because the trial court erroneously denied his challenge for cause to one of the prospective jurors for his trial and subsequently denied his request for two additional peremptory challenges to remove other "objectionable" jurors from the panel. Our review of the record shows, however, that the trial judge did, in fact, give Curtis an additional peremptory challenge, for a total of eleven peremptory challenges. We affirm because the award of this additional peremptory challenge cured the admittedly erroneous denial of the challenge for cause of the objectionable juror. See Watson v. State, 651 So.2d 1159, 1162 (Fla. 1994).

Affirmed.

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2 cases
  • Weinstein Design Group, Inc. v. Fielder
    • United States
    • Florida District Court of Appeals
    • September 29, 2004
    ...any alleged error in failing to dismiss a juror for cause may be cured by granting additional peremptory challenges. Curtis v. State, 767 So.2d 627, 628 (Fla. 3d DCA 2000). However, "it is error for a court to force a party to exhaust his peremptory challenges on persons who should be excus......
  • Royal Caribbean Cruises, Ltd. v. Doe, 3D00-2148.
    • United States
    • Florida District Court of Appeals
    • September 27, 2000

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