¶1Freddie Dee Archie appeals his conviction for aggravated assault, contending that he was improperly denied a peremptory challenge. Our review of the record fails to reveal — and the State is unable to point to— the demonstrations required to be made by the State, as the party opposing the peremptory challenge, that the challenged person is a member of a distinct racial group, and that the peremptory challenge is motivated by that fact. Archie’s peremptory challenge was therefore improperly denied. See Melbourne v. State, 679 So.2d 759 (Fla.1996); State v. Neil, 457 So.2d 481 (Fla.1984). Archie’s conviction and sentence are reversed and the case is remanded for a new trial.
710 So. 2d 234
Archie v. State
District Court of Appeal of Florida
Decided May 20, 1998
District Court of Appeal of Florida · decided 1998-05-20
Cited by 2 later decisions — most recently February 2008
2 state decisions
Relies on 457 So. 2d 481 - State v. Neil · Melbourne v. State
Good law ✅— No negative treatment on recordhow we know
Decided 1998-05-20
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