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574 So. 2d 1116

Johnson v. State

District Court of Appeal of Florida

Decided December 21, 1990

District Court of Appeal of Florida · decided 1990-12-21

Relies on Green v. State

Decided 1990-12-21

¶1ON MOTION FOR REHEARING

THREADGILL, Judge.

¶2Upon consideration of the appellant’s motion for rehearing, we withdraw our opinion of July 27, 1990, and substitute the following opinion.

¶3We find no reversible error in the trial court’s sustaining the state’s peremptory challenge to a black juror. Green v. State, *1117572 So.2d 543 (Fla. 2d DCA 1990). We, therefore, affirm the appellant’s convictions and sentences for resisting arrest with violence and battery on a law enforcement officer. Costs and fees imposed against the appellant who is indigent are stricken, however, without prejudice to the state to have the costs reimposed upon proper notice and an opportunity to be heard.

SCHOONOVER, C.J., and LEHAN, J., concur.
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