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Slaton v. State

District Court of Appeal of Florida, Third District
Jan 24, 1996
666 So. 2d 598 (Fla. Dist. Ct. App. 1996)

Opinion

No. 95-385.

January 24, 1996.

An appeal from the Circuit Court for Dade County, W. Thomas Spencer, Judge.

Carl J. Mecke, Hollywood, for appellant.

Robert A. Butterworth, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and NESBITT and JORGENSON, JJ.


Andre Slaton appeals his convictions and sentences for attempted armed robbery and burglary with an assault therein. We reverse the convictions and remand for a new trial.

The defendant claims that the lower court, based on inadequate objections by the State, erroneously required him to proffer reasons for peremptorily challenging two different prospective jurors. Both challenges were disallowed and the jurors ultimately sat on the panel that convicted the defendant. We agree that the State's objections in both instances were insufficient to dispel the presumption of validity which attached to the defendant's challenges. Holiday v. State, 665 So.2d 1089 (Fla. 3d DCA 1996); Pride v. State, 664 So.2d 1114 (Fla. 3d DCA 1995). Accordingly, we reverse the convictions and remand for a new trial. In view of our resolution of the case on this point we decline to address the defendant's other contentions.

Reversed and remanded for a new trial.


Summaries of

Slaton v. State

District Court of Appeal of Florida, Third District
Jan 24, 1996
666 So. 2d 598 (Fla. Dist. Ct. App. 1996)
Case details for

Slaton v. State

Case Details

Full title:ANDRE SLATON, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jan 24, 1996

Citations

666 So. 2d 598 (Fla. Dist. Ct. App. 1996)

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