JASON RODRIGUEZ, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 2002-09-25
No. 4D01-940
GUNTHER, SHAHOOD and TAYLOR, JJ., concur.
826 So. 2d 494 Florida District Court of Appeal, Fourth District (2002) Caution
Cited by 4 cases

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Synopsis

Jason Rodriguez was convicted of battery on a law enforcement officer and resisting an officer with violence. On appeal, he challenged the trial court's allowance of the prosecution's peremptory strike of a black prospective juror, arguing the stated reason was pretextual. The appellate court affirmed, finding the prosecutor's race-neutral reason genuine and the trial court's ruling not clearly erroneous.


Holding

The trial court did not err in allowing the peremptory strike. The prosecutor provided a genuine race-neutral reason based on the prospective juror's occupation as a pastor, and the trial court properly found this reason to be facially valid. The fact that the juror asserted he could remain fair and impartial does not invalidate the strike.


Headnotes

[1] A trial court's ruling on the genuineness of a peremptory challenge will be affirmed on appeal unless clearly erroneous.

[2] A juror's occupation can form the basis of a facially race-neutral reason for a peremptory strike if the proponent of the strike fears the occupation will influence the j…

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Key Quotes

“[A] trial judge's ruling on the 'genuineness' of a peremptory challenge 'will be affirmed on appeal unless clearly erroneous.'”

Establishes the standard of review for trial court decisions regarding peremptory challenges on appeal.

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Facts & Procedural History

Jason Rodriguez was convicted of battery on a law enforcement officer and resisting an officer with violence. During jury selection, the prosecutor ex…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Appellant, Jason Rodriguez, was convicted of battery on a law enforcement officer and resisting an officer with violence. His sole argument on appeal is that the trial court erred in allowing the state’s peremptory strike of a black prospective juror. We affirm.

When defense counsel requested a race-neutral reason for striking Robert Cook, a black church pastor, the prosecutor explained that he believed that Cook, as a pastor, would be sympathetic. The prosecutor acknowledged that Cook said his personal or religious beliefs would not prevent him from sitting in judgment of others. However, the prosecutor expressed his concern that because Cook was “a person that listens and deals with the problems of a large number [of people] in his community,” he might have difficulty setting aside feelings of sympathy. Agreeing that religion-based professionals, such as pastors, ministers, and rabbis tend to be more sympathetic, the trial court found the state’s race-neutral reason to be genuine and allowed the strike.

“[A] trial judge’s ruling on the ‘genuineness’ of a peremptory challenge ‘will be affirmed on appeal unless clearly erroneous.’ ” See Young v. State, 744 So. 2d 1077,1082 (Fla. 4th DCA 1999)(quoting Melbourne v. State, 679 So. 2d 759, 764-65 (Fla.1996)). Because we find no clear error in the trial court’s ruling on the state’s peremptory challenge of prospective juror Cook, we affirm. See Hernandez v. State, 686 So. 2d 785, 736 (Fla. 2d DCA 1997)(noting that if the proponent of the strike presents “a genuine reason why [that] party would fear that a particular juror’s occupation would influence the juror’s reasoning and cause the juror to view the case unfavorably from the party’s perspective, then the occupation can be the foundation of a facially race-neutral reason to exercise a peremptory”); McKinnon v. State, 547 So. 2d 1254 (Fla. 4th DCA 1989)(affirming excusal of black, evangelic minister based on the prosecutor’s policy to excuse people in the religious profession because they are overly sympathetic); see also Symonette v. State, 778 So. 2d 500, 503 (Fla. 3d DCA 2001)(when a juror has been challenged for a valid race-neutral reason, the fact that such a juror asserts that he or she can nevertheless be fair and impartial does not mean that the state must be satisfied with the response); Rivera v. State, 670 So. 2d 1163,1166 (as explained in Slappy, the reasons given for exercising a peremptory challenge need not be equivalent to a challenge for cause).

AFFIRMED.

GUNTHER, SHAHOOD and TAYLOR, JJ., concur.


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Citator

Cited By

  • Cunningham v. State, 838 So. 2d 627 (Fla. 5th DCA 2003)
    …g out of the imprisonment of her sister. This argument, however, confuses a peremptory challenge with a challenge for cause. The reasons given for exercising a peremptory challenge need not be equivalent to a challenge for cause. Rodriguez v. State, 826 So. 2d 494 (Fla. 4th DCA 2002). Indeed, where a prospective juror is challenged for a race-neutral reason, the fact that the juror asserts that he or she can nevertheless be fair and impartial does not mean that the challenging party must be satisfied with the…
  • Pacchiana v. State, 240 So. 3d 803 (Fla. 4th DCA 2018)

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