JOHN HENRY ALBURY, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1989-03-14
No. 88-491
Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.
541 So. 2d 1262 Florida District Court of Appeal, Third District (1989) Positive Treatment
Cited by 4 cases
Topics
State V. Slappy Standard Racial Discrimination In Jury Selection Batson Challenge Jury Selection

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Opinion of the Court
PER CURIAM.

PER CURIAM.

To justify the exercise of a peremptory challenge, which led to the dismissal of the first of only two remaining African-American members of a panel of prospective jurors, the prosecutor explained that the juror was from a “lower socioeconomic background” (her father, allegedly, was a taxi driver). No explanation, at all, was given to explain the dismissal of a second black venireperson. The trial judge overruled the defendant’s objections, swore the panel, and proceeded to trial. The defendant was convicted.

As the attorney general properly concedes — on the authority of State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, - U.S. -, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) —reversal is required. There was not a sufficient showing by the State to rebut the inference of discrimination in selecting jurors.

Reversed and remanded for a new trial.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Johnson v. State, 600 So. 2d 32 (Fla. 3d DCA 1992)
    …uch connection. Furthermore, the record discloses no connection between the juror’s residing in a high crime area and the facts of the case before us. Accordingly, we conclude the reason was pretextual. Slappy, 522 So. 2d at 22; see Albury v. State, 541 So. 2d 1262 (Fla. 3d DCA 1989) (strike against juror from low socioeconomic background pretextual). Our conclusion gains support from the state’s failure to question prospective juror Ellis on either of the stated grounds. Slappy; Hicks v. State, 591 So. 2d 662…
  • Albury v. State, 561 So. 2d 429 (Fla. 3d DCA 1990)
    …Albury, appeals his conviction and sentence for possession of cocaine and marijuana. We affirm in part, reverse in part, and remand. This is appellant’s second trial on the same charges, a prior conviction having been reversed in Albury v. State, 541 So. 2d 1262 (Fla. 3d DCA 1989). After being convicted again, appellant was sentenced to a term outside the guidelines by the reimpo-sition of the old sentence. No written reasons were provided for the newly imposed sentence. The State correctly concedes that…

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