[DOWNLOAD] "Erlsten v. State" by Florida Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Erlsten v. State
- Author : Florida Court of Appeals
- Release Date : January 02, 2003
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 47 KB
Description
Following a jury trial, Appellant was convicted as charged of one count of aggravated kidnapping and one count of lewd and lascivious act on a child under sixteen. The third ground of his motion was that his trial counsel was ineffective for failing to make a contemporaneous objection to a sleeping juror. He alleged that he notified counsel in the course of the trial that the juror was sleeping through most of the trial and asked if the alternate could take her place, but counsel advised, "well see" and did not raise the issue until after Appellants sentencing, in a motion for new trial, when he argued that Appellant effectively was convicted by a jury of five. Had counsel objected contemporaneously, Appellant argued, the alternate could have taken the sleeping jurors place. He acknowledged it would be impossible to demonstrate how one jurors inattentiveness affected the verdict, but insisted that counsels actions deprived him of a jury of six.