SANOH OWEN, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1991-03-13
No. 89-0818
HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.
575 So. 2d 793 Florida District Court of Appeal, Fourth District (1991) Caution
Cited by 2 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We perceive only one error in this case. Defense counsel objected when the state peremptorily challenged black veniremen. The trial court erroneously overruled these objections. State v. Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). Accordingly, we reverse and remand for new trial.

HERSEY, C.J., and GLICKSTEIN and DELL, JJ., concur.


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  • Wright v. State, 604 So. 2d 1248 (Fla. 4th DCA 1992)
    …Slappy, 522 So. 2d 18 (Fla.), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) grounds) and a reversal on a later appeal by a different panel of this court on the co defendant’s objections on the exact same grounds (Owen v. State, 575 So. 2d 793 (Fla. 4th DCA 1991)). Thus, we have the anomalous position of defendant “A” getting a new trial from one panel of this court for the very same reason that this defendant was denied relief by a different panel. This court has previously ruled, en b…

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