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Graham v. State

District Court of Appeal of Florida, Third District
Oct 2, 1985
475 So. 2d 264 (Fla. Dist. Ct. App. 1985)

Opinion

No. 83-1945.

August 20, 1985. Rehearing Denied October 2, 1985.

Appeal from the Circuit Court, Dade County, Bruce Levy, J.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Michael J. Neimand, Asst. Atty. Gen., for appellee.

Before HENDRY, HUBBART and FERGUSON, JJ.


Appellant was convicted of manslaughter with a firearm pursuant to a jury verdict finding him guilty.

On appeal, appellant's dispositive contention is that the trial court erred in failing to conduct an inquiry into the systematic exclusion of prospective black jurors by the prosecutor through the use of peremptory challenges, in violation of article I, section 16, Florida Constitution.

We agree with appellant's contention and reverse and remand for a new trial. State v. Neil, 457 So.2d 481 (Fla. 1984).

Reversed and remanded.


Summaries of

Graham v. State

District Court of Appeal of Florida, Third District
Oct 2, 1985
475 So. 2d 264 (Fla. Dist. Ct. App. 1985)
Case details for

Graham v. State

Case Details

Full title:KENNETH GRAHAM, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Oct 2, 1985

Citations

475 So. 2d 264 (Fla. Dist. Ct. App. 1985)