From Casetext: Smarter Legal Research

Mendoza v. State

District Court of Appeal of Florida, Third District
Feb 13, 2002
807 So. 2d 734 (Fla. Dist. Ct. App. 2002)

Summary

holding that argument as to peremptory strike not preserved "where the defense did not object to the existence of the facts proffered by the state in support of the strike"

Summary of this case from Riggins v. State

Opinion

Case No. 3D01-1241

Opinion filed February 13, 2002.

An appeal from the Circuit Court for Miami-Dade County, Marc Schumacher, Judge. Lower Tribunal No. 00-26833.

Bennett H. Brummer, Public Defender and Robert Kalter, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before GODERICH, GREEN, and RAMIREZ, JJ.


Lazaro Mendoza appeals his conviction and sentence for grand theft of a motor vehicle entered pursuant to a jury verdict. His only point on appeal is that the trial court abused its discretion in allowing the state to peremptorily strike a prospective juror where the state's gender neutral reason for the strike was not supported by the record and therefore was not genuine. The record reflects, however, that this argument was not preserved for appellate review where the defense did not object to the existence of the facts proferred by the state in support of the strike. See Floyd v. State, 569 So.2d 1225, 1229-30 (Fla. 1990);Carter v. State, 762 So.2d 1024, 1026 (Fla. 3d DCA 2000), rev. denied, 786 So.2d 1183 (Fla. 2001). For that reason, we affirm the appellant's conviction and sentence.

Affirmed.


Summaries of

Mendoza v. State

District Court of Appeal of Florida, Third District
Feb 13, 2002
807 So. 2d 734 (Fla. Dist. Ct. App. 2002)

holding that argument as to peremptory strike not preserved "where the defense did not object to the existence of the facts proffered by the state in support of the strike"

Summary of this case from Riggins v. State
Case details for

Mendoza v. State

Case Details

Full title:LAZARO R. MENDOZA, Appellant, v. THE STATE OF FLORIDA, Appellee

Court:District Court of Appeal of Florida, Third District

Date published: Feb 13, 2002

Citations

807 So. 2d 734 (Fla. Dist. Ct. App. 2002)

Citing Cases

Riggins v. State

Because, however, his counsel did not challenge the accuracy of the prosecutor's statements below, which were…