03-2818 PEREZ V. STATE

SUPREME COURT CASES

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State: Florida

Court: Florida Third District Court

Docket No: 03-2818 PEREZ V. STATE

Case Date: 12/22/2004

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, 2004 ** ** Appellant, ** CASE NO. ** vs. THE STATE OF FLORIDA, Appellee. TRIBUNAL NO. ** ** ** LOWER TRIBUNAL NO. 03-14481

GILBERTO PEREZ,

CASE NO. 3D03-2818

Opinion filed December 22, 2004. An Appeal from the Circuit Court for Miami-Dade County, Jacqueline Hogan Scola, Judge. Bennett H. Brummer, Public Defender, and McKenna, Assistant Public Defender, for appellant. Shannon P.

Charles J. Crist, Jr., Attorney General, and Michael E. Hantman, Assistant Attorney General, for appellee. Before GODERICH, SHEVIN, and SHEPHERD, JJ. PER CURIAM.

The defendant, Gilberto Perez, appeals from his conviction and sentence for aggravated assault with a deadly weapon. reverse and remand for a new trial. The defendant was charged with aggravated assault with a deadly weapon and aggravated stalking. During voir dire, the We

State sought to peremptorily challenge prospective juror Stephen Gonzalez. The defense objected to the State's request noting

that the defendant was a Latin male and that prospective juror Gonzalez was also a Latin male and, as such, a member of a protected class. The defense then requested a race-neutral

reason for the challenge.

In response, the State answered, "Mr.

Gonzalez, during all the voir dire said he could be a really good juror. I would like more than him Ms. Libby. I am

striking him so I could get Ms. Libby on the panel. reason." The trial court did not inquire any

That is my further and

allowed the strike.

Thereafter, the trial court denied the

defense's request to peremptorily challenge prospective juror Libby. The jury returned a verdict finding the defendant guilty of aggravated assault with deadly weapon and not guilty of

aggravated stalking.

The defendant was adjudicated guilty and This appeal followed.

sentenced to 120 days in county jail.

2

The erred by

defendant allowing

contends the

that State

the to

trial

court

reversibly challenge

peremptorily

prospective juror Gonzalez.

We agree.

In Joiner v. State, 618 So. 2d 174, 175 (Fla. 1993), the State sought to peremptorily challenge an African-American

prospective juror.

The reason given by the State was that it

"would like to constitute the jury with some people down the line I prefer more, and including another juror." The trial

court ruled that the reason given satisfied the Neil1 inquiry and that it was race-neutral. The Florida Supreme Court, however,

disagreed with the trial court stating that "[t]here is no doubt that the State gave an inadequate reason for exercising a

peremptory challenge against [the African-American prospective juror]." In the instant case, the State sought to challenge

prospective juror Gonzalez so that it could reach prospective juror Libby. at Gonzalez. The reason provided by the State was not directed In fact, the State acknowledged that Gonzalez said Further, the trial

that "he could be a really good juror."

court failed to inquire and the State failed to explain why it sought
1

to

strike

prospective

juror

Gonzalez

instead

of

State v. Neil, 457 So. 2d 481 (Fla. 1984).

3

backstriking

another

prospective

juror

in

order

to

reach

prospective juror Libby. by the State is "an

Pursuant to Joiner, the reason given inadequate reason for exercising a

peremptory challenge." Henry v. State, 724

Joiner, 618 So. 2d at 174; see also So. 2d 657, 658 (Fla. 2d DCA 1999).

Therefore, we reverse the defendant's conviction and sentence and remand for a new trial. Based on our disposition of the above issue, we do not address whether the trial court also reversibly erred by

prohibiting the defense from exercising a peremptory challenge on prospective juror Libby. Reversed and remanded.

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