ALONZO BOHANNON, APPELLANT,
v.
THE STATE OF FLORIDA, APPELLEE

Fla. 3d DCA | 1990-03-06
No. 89-480
Before SCHWARTZ, C.J., and GERSTEN and GODERICH, JJ.
557 So. 2d 680 Florida District Court of Appeal, Third District (1990) Positive Treatment
Cited by 4 cases


Opinion of the Court
PER CURIAM.

PER CURIAM.

Rejecting the defendant’s only attack upon the judgment of conviction, we conclude that the trial court did not abuse its discretion in concluding that the state’s peremptory challenge of a single black juror — who was replaced by another black juror whom the prosecution did not excuse — was not unconstitutionally based upon her race. See McCloud v. State, 536 So. 2d 1081 (Fla. 1st DCA 1988); Thomas v. State, 502 So. 2d 994 (Fla. 4th DCA 1987), review denied, 509 So. 2d 1119 (Fla.1987); Taylor v. State, 491 So. 2d 1150 (Fla. 4th DCA 1986), review denied, 501 So. 2d 1284 (Fla.1986); Schlanger v. State, 397 So. 2d 1028 (Fla. 3d DCA 1981), review denied, 407 So. 2d 1105 (Fla.1981); see also Wright v. State (Fla. 3d DCA, Case no. 89-1491, opinion filed this date).

As the state agrees, the sentence is vacated and the cause remanded for a correct recalculation of the guidelines scoresheet and for resentencing accordingly.

Affirmed in part, vacated in part.


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Cited By

  • Files v. State, 586 So. 2d 352 (Fla. 1st DCA 1991)
    …abo Mitchell v. State, 548 So. 2d 823 (Fla. 1st DCA 1989); McCloud v. State, 536 So. 2d 1081 (Fla. 1st DCA 1988); Spillis Candela & Partners, Inc. v. The Association of School Consultants, Inc., 586 So. 2d 351 (Fla. 3d DCA 1990); Bohannon v. State, 557 So. 2d 680 (Fla. 3d DCA), review denied, 569 So. 2d 1278 (Fla.1990). . Hernandez v. New York, 500 U.S. -, 111 S.Ct. 1859, 114 L.Ed.2d 395 (1991); Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); Anderson v. City of Bessemer City, N.C., 4…
    1 / 3
  • King v. State, 637 So. 2d 380 (Fla. 3d DCA 1994)
    …Affirmed. See §§ 775.082(3)(c), 775.-087(l)(b), 782.07 Fla.Stat. (1992). See and compare Files v. State, 613 So. 2d 1301 (Fla.1992); Solomon v. State, 596 So. 2d 789 (Fla. 3d DCA 1992); Reed v. State, 560 So. 2d 203 (Fla.1990); Bohannon v. State, 557 So. 2d 680 (Fla. 3d DCA), review denied, 569 So. 2d 1278 (Fla.1990); State v. DiGuilio, 491 So. 2d 1129 (Fla.1986); Salvatore v. State, 366 So. 2d 745 (Fla.1978), cert. denied, 444 U.S. 885, 100 S.Ct. 177, 62 L.Ed.2d 115 (1979).…
  • Timmie Singletary v. State, 638 So. 2d 1064 (Fla. 3d DCA 1994)
    …PER CURIAM. Affirmed. See Files v. State, 613 So. 2d 1301 (Fla.1992); Bohannon v. State, 557 So. 2d 680 (Fla. 3d DCA 1990), review denied, 569 So. 2d 1278 (Fla.1990), and eases cited.…

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