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477 So. 2d 62

477 So.2d 62

10 Fla.L.Weekly 2429

Lenard v. State

District Court of Appeal of Florida

Decided October 29, 1985

District Court of Appeal of Florida · decided 1985-10-29

Relies on 457 So. 2d 481 - State v. Neil · 469 So. 2d 743 - Florida Bar Re: Petition to Amend the Bylaws Under the Integration Rule of the Florida Bar · 459 So. 2d 1018 - Moffitt v. Willis

Decided 1985-10-29

PER CURIAM.

¶1The final judgment of conviction and sentence under review is reversed and the cause is remanded to the trial court for a new trial based on the controlling and indistinguishable authority of State v. Neil, 457 So.2d 481 (Fla.1984). This appeal — wherein the defendant properly objected at trial to the state’s use of peremptory challenges of prospective black jurors allegedly based solely on race — was pending at the time the Neildecision was rendered and, accordingly, the rule of Neilis applicable to this case. Andrews v. State, 459 So.2d 1018 (Fla.1984); Franks v. State, 467 So.2d 400 (Fla. 4th DCA 1985); Jones v. State, 466 So.2d 301 (Fla. 3d DCA 1985); Castillo v. State, 466 So.2d 7 (Fla. 3d DCA 1985); City of Miami v. Cornett, 463 So.2d 399 (Fla. 3d DCA), dismissed, 469 So.2d 748 (Fla.1985); Safford v. State, 463 So.2d 378 (Fla.3d DCA 1985).

¶2Reversed and remanded for a new trial.

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