Opinion
No. 97-3609
Opinion filed November 12, 1998.
An appeal from the Circuit Court for Escambia County. Nancy Gilliam, Judge.
Nancy A. Daniels, Public Defender, Kathleen Stover, Assistant Public Defender, Tallahassee, for Appellant.
Robert A. Butterworth, Attorney General, James W. Rogers, Tallahassee Bureau Chief, Tallahassee, for Appellee.
Based on the state's concession that the peremptory challenge exercised against prospective juror Ruby Marsh was improperly based upon her race, we reverse and remand for new trial.
REVERSED and REMANDED.
ERVIN, MINER and KAHN, JJ., CONCUR.