02-0643 ROBINSON V. STATE

State: Florida

Court: Florida Third District Court

Docket No: 02-0643 ROBINSON V. STATE

Case Date: 12/26/2002

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002

DEDRICK ROBINSON, Appellant, vs. THE STATE OF FLORIDA, Appellee.

** ** ** ** ** CASE NO. 3D02-643 LOWER TRIBUNAL NO. 00-24335

Opinion filed December 26, 2002. An Appeal from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge. Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Richard E. Doran, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee.

Before LEVY, SHEVIN and RAMIREZ, JJ.

SHEVIN, Judge. We reverse Dedrick T. Robinson's judgment of convictions upon the holding that the trial court erroneously disallowed

defense counsel's peremptory challenge of prospective juror Mathews. The record demonstrates that defense counsel's This court has held

reasons for the challenge were genuine.

that "[t]here is nothing in [State v.] Neil, [457 So. 2d 481 (Fla. 1984),] or its progeny, that forbids choosing among available jurors, even for capricious reasons, so long as the reasons are not racially discriminatory. Peremptory

challenges are still presumed to be exercised in a nondiscriminatory manner." (Fla. 3d DCA 1997). Davis v. State, 691 So. 2d 1180, 1182

Although the strike in this case was

questioned as being gender-discriminatory, this statement applies with the same force. Being the victim of a crime is a

recognized neutral reason for striking a potential juror, Anderson v. State, 750 So. 2d 741 (Fla. 3d DCA 2000), and so is striking a potential juror who's relative has been arrested or charged with a crime. (Fla. 3d DCA 1994). See Allen v. State, 643 So. 2d 87

Therefore, the court erred in denying the

strike; a new trial is required. Reversed and remanded.

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