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Macklin v. State

District Court of Appeal of Florida, Third District
Aug 5, 1986
491 So. 2d 1153 (Fla. Dist. Ct. App. 1986)

Opinion

No. 83-2568.

August 5, 1986.

Appeal from the Circuit Court for Dade County; Arthur I. Snyder, Judge.

Bennett H. Brummer, Public Defender, and Elliot H. Scherker, Asst. Public Defender, for appellant.

Jim Smith, Atty. Gen., and Debora J. Turner, Asst. Atty. Gen., for appellee.

Before HENDRY, BASKIN and JORGENSON, JJ.


Contrary to appellant's contention that he demonstrated a strong likelihood that four potential black jurors were peremptorily stricken solely because of their race, the record reveals a valid basis for exclusion in at least three instances. See Taylor v. State, 491 So.2d 1150 (Fla. 4th DCA 1986); Cotton v. State, 468 So.2d 1047 (Fla. 4th DCA), review denied, 479 So.2d 117 (Fla. 1985). Appellant has failed to show that there was a strong likelihood that the fourth juror was challenged solely on the basis of race, see State v. Neil, 457 So.2d 481 (Fla. 1984); we therefore find that reversal under Neil is inappropriate. Parker v. State, 476 So.2d 134 (Fla. 1985); Hamilton v. State, 487 So.2d 407 (Fla. 3d DCA 1986).

Affirmed.


Summaries of

Macklin v. State

District Court of Appeal of Florida, Third District
Aug 5, 1986
491 So. 2d 1153 (Fla. Dist. Ct. App. 1986)
Case details for

Macklin v. State

Case Details

Full title:ESTUS MACKLIN, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Aug 5, 1986

Citations

491 So. 2d 1153 (Fla. Dist. Ct. App. 1986)

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