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541 So. 2d 1262

541 So.2d 1262

14 Fla.L.Weekly 687

Albury v. State

District Court of Appeal of Florida · decided 1989-03-14

Cited by 2 later decisions — most recently June 1992

2 state decisions

Relies on Alimeg, Inc. v. Shlim · 522 So. 2d 18 - State v. Slappy

Good law ✅— No negative treatment on recordhow we know

Decided 1989-03-14

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¶1ON CONFESSION OF ERROR

PER CURIAM.

¶2To justify the exercise of a peremptory challenge, which led to the dismissal of the first of only two remaining African-American members of a panel of prospective jurors, the prosecutor explained that the juror was from a “lower socioeconomic background” (her father, allegedly, was a taxi driver). No explanation, at all, was given to explain the dismissal of a second black venireperson. The trial judge overruled the defendant’s objections, swore the panel, and proceeded to trial. The defendant was convicted.

¶3As the attorney general properly concedes — on the authority of State v. Slappy, 522 So.2d 18 (Fla.), cert. denied, - U.S. -, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) —reversal is required. There was not a sufficient showing by the State to rebut the inference of discrimination in selecting jurors.

¶4Reversed and remanded for a new trial.

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