MACK LEONARD JENKINS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 1st DCA | 1992-03-02
No. 90-01997
596 So. 2d 1083 Florida District Court of Appeal, First District (1992) Negative Treatment
Cited by 24 cases
Opinion of the Court

Upon consideration of appellee’s “Motion to Stay or Recall Mandate, and to Restore Original Opinion,” filed February 12, 1992; appellant’s response, filed February 17, 1992, in favor of appellee’s motion; and the Supreme Court’s decision in Burdick v. State, 594 So. 2d 267 (Fla.1992), the opinion of this Court on rehearing, filed February 5, 1992, is withdrawn. The original opinion of this Court, filed July 16, 1991, 594 So. 2d 739, is reinstated.

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Cited By (12 total)

  • State v. Alen, 616 So. 2d 452 (Fla. 1993)
    …McDONALD, Justice. We review Alen v. State, 596 So. 2d 1083 (Fla. 3d DCA 1992), in which the court held that the state and federal constitutions forbid peremptorily challenging Hispanic jurors solely on the basis of their ethnicity. We have jurisdiction pursuant to article V, section 3(b)(3) of the Florida C…
  • Joseph v. State, 636 So. 2d 777 (Fla. 3d DCA 1994)
    …unty population satisfies the first prong of the Alen cognizability test. The second prong of the cognizability test, internal group cohesiveness, is also satisfied. Shared religious beliefs are one characteristic of an ethnic group. Alen v. State, 596 So. 2d 1083, 1085 (Fla. 3d DCA 1992) (en banc), approved, 616 So. 2d 452 (Fla.1993). Jews share a large core of attitudes and ideas which stem from their common religious beliefs. It is common knowledge that Jews celebrate their sabbath on Saturday, not Sunday,…
    1 / 3
  • Johnson v. State, 600 So. 2d 32 (Fla. 3d DCA 1992)
    …2 So. 2d at 21; see Norwood v. State, 559 So. 2d 1255 (Fla. 3d DCA 1990); Smellie v. Torres, 570 So. 2d 314 (Fla. 3d DCA 1990). Under these circumstances, reversal is mandated.2 Reversed and remanded for new trial. . We note that in Alen v. State, 596 So. 2d 1083, 1085 (Fla. 3d DCA 1992), this court held that “Hispanic jurors may not be peremptorily challenged solely on the basis of their ethnicity.” . The state correctly concedes that the trial court erred in sentencing defendant to serve ten years in pris…

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