5D00-3277 Smith v. State

State: Florida

Court: Florida Southern District Court

Docket No: 5D00-3277.op

Case Date: 11/12/2001

Plaintiff: 5D00-3277 Smith

Defendant: State

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FIFTH DISTRICT JULY TERM 2001
ISAAC LEE SMITH, Appellant,
v. Case No. 5D00-3277
STATE OF FLORIDA,
Appellee.
/
Opinion filed November 16, 2001
Appeal from the Circuit Court for Seminole County, Kenneth R. Lester, Jr., Judge.
James B. Gibson, Public Defender, and Linda L. Gaustad, Assistant Public Defender, Daytona Beach, for Appellant.
Robert A. Butterworth, Attorney General, Tallahassee, and Anthony J. Golden, Assistant Attorney General, Daytona Beach, for Appellee.
SAWAYA, J.
Isaac Smith appeals his conviction and sentence imposed after a jury found him guilty of the offense of felony battery in violation of section 784.041, Florida Statutes (1997). Smith argues reversal is warranted because the State improperly struck a black prospective juror on criteria that were equally applicable to a white juror. We affirm.
Factual Background
During the voir dire examination of the venire selected for Smith

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