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Slater v. State

District Court of Appeal of Florida, Fourth District
Nov 6, 1991
588 So. 2d 320 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3338.

November 6, 1991.

Appeal from the Circuit Court for St. Lucie County, Marc Cianca, J.

Richard L. Jorandby, Public Defender, and Joseph R. Chloupek, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for appellee.


Appellant's conviction for first degree murder is affirmed. Upon a review of the record, we find no error or abuse of discretion in the trial court's decision, which overruled appellant's objection to the state's peremptory challenges to two prospective African American jurors, both teachers. The state explained that it was excusing all teachers.

At first glance, the state's explanation appears to fail the tests set out in State v. Slappy, 522 So.2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) and Gadson v. State, 561 So.2d 1316 (Fla. 4th DCA 1990). However, in this case, two other African American jurors were accepted by the state. Also, two teachers who were not members of a minority were stricken by the state. Additionally, the state announced its intention to also strike the two teachers remaining in the jury pool. We further note that the deceased victim was of the same minority race as the appellant. These additional facts are indicia of an absence of pretext not found in Slappy.

The trial court found that the challenges were not racially motivated. This finding is entitled to deference by this court. Reynolds v. State, 576 So.2d 1300 (Fla. 1991); Reed v. State, 560 So.2d 203 (Fla.), cert. denied, ___ U.S. ___, 111 S.Ct. 230, 112 L.Ed.2d 184 (1990).

We also find no error in the other issue raised.

AFFIRMED.

ANSTEAD and GUNTHER, JJ., concur.


Summaries of

Slater v. State

District Court of Appeal of Florida, Fourth District
Nov 6, 1991
588 So. 2d 320 (Fla. Dist. Ct. App. 1991)
Case details for

Slater v. State

Case Details

Full title:DONNELL SLATER, APPELLANT, v. STATE OF FLORIDA, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Nov 6, 1991

Citations

588 So. 2d 320 (Fla. Dist. Ct. App. 1991)

Citing Cases

Galvis v. State

We also find no error in the trial court's ruling on the state's use of peremptory challenges. See Slater v.…