Summary
reversing denial of defendant's peremptory challenge where juror's family members had been victims of a crime
Summary of this case from Morris v. StateOpinion
No. 90-1154.
June 22, 1993.
Appeal from the Circuit Court, Dade County, David Tobin, J.
Bennett H. Brummer, Public Defender and Beth C. Weitzner, Asst. Public Defender, for appellant.
Robert A. Butterworth, Atty. Gen., and Charles M. Fahlbusch, Asst. Atty. Gen., for appellee.
Before FERGUSON, LEVY and GODERICH, JJ.
This case is before us on remand from the Supreme Court of Florida for further consideration, State v. Barnes, 602 So.2d 532 (Fla. 1992), which quashed this court's opinion in Barnes v. State, 592 So.2d 1127 (Fla. 3d DCA 1992).
The defense attempted to use two of its peremptory challenges to strike jurors Lawman and Weber. The State requested that the defense demonstrate its justifications for striking Lawman and Weber. The trial court conducted a Neil inquiry. Defense counsel stated that he had peremptorily challenged juror Lawman because he had been a victim of a crime and that he had challenged juror Weber because members of her immediate family had been victims of crime. The record supports the defense counsel's reasons for challenging jurors Lawman and Weber. The record also supports that the other jurors that were seated had never been victims of a crime or that their family members had never been victims of a crime. Clearly, the defense counsel provided valid, race-neutral reasons for peremptorily challenging jurors Lawman and Weber. See Adams v. State, 559 So.2d 1293 (Fla. 3d DCA), dismissed, 564 So.2d 488 (Fla. 1990). We find that the trial court erred in disallowing the defendant's peremptory challenges of jurors Lawman and Weber and accordingly, we reverse the defendant's convictions and sentences and remand for a new trial.
State v. Neil, 457 So.2d 481 (Fla. 1984).
In light of our decision, it is not necessary to reach the remaining points raised on appeal.
Reversed and remand for a new trial.