Mario Antez Keith v. State of Florida

FIRST DISTRICT COURT OF APPEAL
STATE OF FLORIDA
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No. 1D18-1494
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MARIO ANTEZ KEITH,
Appellant,
v.
STATE OF FLORIDA,
Appellee.
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On appeal from the Circuit Court for Holmes County.
Timothy Register, Judge.
June 28, 2019
PER CURIAM.
Appellant claims he is entitled to a new trial because the
trial court erred in granting the State’s request to strike a juror
for cause. We find Appellant’s argument meritless, because he
failed to preserve the argument by objecting before the jury was
sworn. Carratelli v. State, 961 So. 2d 312, 318 (Fla. 2007)
(requiring counsel to renew an objection before the jury is sworn);
Zach v. State, 911 So. 2d 1190, 1204 (Fla. 2005) (finding waiver
absent a timely objection before the jury is sworn). Absent the
required objection, this issue was waived below and is not
preserved for appeal. Appellant has not argued or demonstrated
fundamental error. We therefore affirm his conviction and
sentence.
AFFIRMED.
ROWE, BILBREY, and KELSEY, JJ., concur.
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Not final until disposition of any timely and
authorized motion under Fla. R. App. P. 9.330 or
9.331.
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Andy Thomas, Public Defender, and Pamela D. Presnell,
Assistant Public Defender, Tallahassee, for Appellant.
Ashley Moody, Attorney General, and Steven Edward Woods,
Assistant Attorney General, Tallahassee, for Appellee.
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