Summary
finding that the State, as party opposing strike, failed to show challenged person is member of a distinct racial group
Summary of this case from State v. WhitbyOpinion
No. 97-2141
Opinion filed May 20, 1998. JANUARY TERM, A.D. 1998
An appeal from the Circuit Court of Dade County, Lauren Levy Miller, Judge. L.T. No. 95-38113.
Bennett H. Brummer, Public Defender, and Harvey J. Sepler, Assistant Public Defender, for appellant.
Robert A. Butterworth, Attorney General, and Christine E. Zahralban, Assistant Attorney General, for appellee.
Before SCHWARTZ, C.J., and FLETCHER, J., and McDONALD, Senior Judge.
Freddie Dee Archie appeals his conviction for aggravated assault, contending that he was improperly denied a peremptory challenge. Our review of the record fails to reveal — and the State is unable to point to — the demonstrations required to be made by the State, as the party opposing the peremptory challenge, that the challenged person is a member of a distinct racial group, and that the peremptory challenge is motivated by that fact. Archie's peremptory challenge was therefore improperly denied.See Melbourne v. State, 679 So.2d 759 (Fla. 1996); State v. Neil, 457 So.2d 481 (Fla. 1984). Archie's conviction and sentence are reversed and the case is remanded for a new trial.