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642 So. 2d 1163

Fulton v. State

District Court of Appeal of Florida

Decided September 28, 1994

District Court of Appeal of Florida · decided 1994-09-28

Cited by 1 later decisions — most recently April 2000

1 state decisions

Relies on 491 So. 2d 1129 - State v. DiGuilio · Robertson v. Methow Valley Citizens Council · Alimeg, Inc. v. Shlim

Good law ✅— No negative treatment on recordhow we know

Decided 1994-09-28

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PER CURIAM.

¶1We find no abuse of discretion in the trial court’s disallowance of a defense peremptory challenge on the ground that the non-raeially based reasons asserted were pretextual. See State v. Slappy, 522 So.2d 18 (Fla.1988), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In addition, the alleged error was not preserved because the defense used all of its allotted peremptory challenges on other prospective jurors. See Pentecost v. State, 545 So.2d 861, 863 n. 1 (Fla.1989); Rollins v. State, 148 So.2d 274 (Fla.1963); Aguilera v. State, 606 So.2d 1194, 1201-02 (Fla. 1st DCA 1992).

¶2The other point presented, relating to the granting of a jury instruction, does not present harmful error. See State v. DiGuilio, 491 So.2d 1129 (Fla.1986).

¶3Affirmed.

¶4SCHWARTZ, C.J., and BASKIN, J., concur.

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