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

Fla. 3d DCA | 2010-10-27
No. 3D08-2014
Before RAMIREZ, C.J., and WELLS and LAGOA, JJ.
46 So. 3d 1081 Florida District Court of Appeal, Third District (2010) Positive Treatment
Cited by 8 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Jamar Alonzo appeals his conviction for possession of a firearm by a convicted felon, challenging the trial court's allowance of a peremptory strike against an African-American prospective juror. The court affirms, holding that the trial court properly applied the Melbourne v. State analysis and that the strike was supported by race-neutral reasons without requiring explicit use of the word 'genuine.'


Holding

The trial court did not err. The court properly conducted a genuineness analysis under step three of Melbourne by implicitly determining that the State's proffered reasons were not pretextual. The trial court is not required to use the specific word 'genuine' or explicitly articulate its thought process; the court's decision to allow the peremptory strike indicates an implicit finding of genuineness.


Headnotes

[1] A trial court's decision on a peremptory strike is presumed to be exercised in a nondiscriminatory manner and will be affirmed on appeal unless clearly erroneous.

[2] The objecting party must make a timely objection, show the venireperson is a member of a distinct racial group, and request the court ask for the striking party's reasons…

Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.

Join FLexlaw to unlock all legal intelligence

Key Quotes

“First, peremptories are presumed to be exercised in a nondiscriminatory manner. Second, the trial court's decision turns primarily on an assessment of credibility and will be affirmed on appeal unless clearly erroneous.”

Establishes the foundational presumption and appellate standard of review for peremptory strike challenges.

Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.

Join FLexlaw to unlock all legal intelligence

Facts & Procedural History

During jury selection in Alonzo's trial, the State exercised a peremptory challenge against prospective juror Harbin, an African-American woman. When …

The full statement of facts, procedural history, and disposition for this case are member content.

Join FLexlaw to unlock all legal intelligence

© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.


Opinion of the Court
LAGOA, J.

LAGOA, J.

Jamar Alonzo (“Alonzo”) appeals from his conviction for possession of a firearm by a convicted felon. Because the trial court properly followed the analysis as required by Melbourne v. State, 679 So.2d 759 (Fla.1996), we affirm Alonzo’s conviction.

On appeal, Alonzo argues that during jury selection the trial court erred in allowing the State’s peremptory strike of prospective juror Harbin, an African-American, over the objection of defense counsel without the trial court making a specific finding that the State’s reason for the strike was genuine. Alonzo contends that the following exchange entitles him to a new trial:

THE STATE: The State will use its first peremptory [sic],
DEFENSE COUNSEL: We object. For the record, Ms. Harbin is an African American. The defense would like a race-neutral reason.
THE STATE: On her questionnaire she has family members who were accused of the crimes of robbery and drugs.
THE COURT: She is also a corrections officer. I think that is race-neutral.
DEFENSE COUNSEL: With respect to the pretextual nature of that, the state accepted Juror No. 4, Ms. Brown, who has also got family members who have been accused of crimes.1
*1083THE COURT: Well, I can see from the face of the questionnaire Ms. Harbin is a law enforcement officer, a corrections officer, and I think that is a sufficiently reasonable basis, so I am going to allow the State’s preemptory [sic]. That brings us up to No. 10, Mr. Rotenberg.

I. GUIDELINES FOR PEREMPTORY CHALLENGES

The Supreme Court instructs reviewing courts to be mindful of the following two principles when applying the Melbourne guidelines. “First, peremptories are presumed to be exercised in a nondiscriminatory manner. Second, the trial court’s decision turns primarily on an assessment of credibility and will be affirmed on appeal unless clearly erroneous.” Melbourne, 679 So.2d at 764-65; see also Murray v. State, 3 So.3d 1108, 1120 (Fla. 2009); Hoskins v. State, 965 So.2d 1, 7 (Fla.2007); Rodriguez v. State, 753 So.2d 29, 40 (Fla.2000).

The following guidelines govern a challenge to a peremptory strike: Rodriguez, 753 So.2d at 40 (citing Melbourne, 679 So.2d at 764). “Throughout this process, the burden of persuasion never leaves the opponent of the strike.... ” Melbourne, 679 So.2d at 764.

(1) the objecting party must make a timely objection, must show that the venireperson is a member of a distinct racial group, and must request that the court ask the striking party the reasons for the strike; (2) if step (1) is met, the court must ask the proponent of the strike to explain the reason for the strike; (3) if the reason given is facially race-neutral and the court believes that given all the circumstances surrounding the strike, the explanation is not a pretext, the strike will be sustained.

In applying the third step, the trial court must determine the racial neutrality of the proffered reason, and satisfy itself that the explanation is not a pretext. Davis v. State, 691 So.2d 1180, 1183 (Fla. 3d DCA 1997). “The genuineness of the explanation is the yardstick with which the trial court will determine whether or not the proffered reason is pretextual.” Id. The trial court may consider all relevant circumstances surrounding the strike in determining whether the proffered reason for the strike is genuine. See Melbourne, 679 So.2d at 764 n. 8. As the Supreme Court explained in Rodriguez:

In step (3), the court’s focus is on the genuineness and not the reasonableness of the explanation. Further, the relevant circumstances that the court is to consider in determining whether the explanation is pretextual include such factors as the racial makeup of the venire; prior strikes exercised against the same racial group; a strike based on a reason equally applicable to an unchallenged venireperson; or singling out the venire-person for special treatment.

753 So.2d at 40.

II. ANALYSIS

We begin our analysis by finding that the reason provided by the State for striking Harbin was facially race-neutral. Indeed, Alonzo does not argue that the State’s reason for striking Harbin was a *1084pretext for racial discrimination.2 Instead, Alonzo solely argues that the trial court failed to engage in a genuineness analysis, and therefore erred in allowing the State’s strike. We disagree. Based on this record, we cannot say that the trial court’s ruling was clearly erroneous.

Here, the record indicates that the trial court engaged in a genuineness analysis by focusing on the additional factor that Harbin was a corrections officer, and therefore not similarly situated to Brown, the comparator challenged by the State. Specifically, when defense counsel pointed out that Brown also had family members who had been accused of crimes, the trial court responded “[w]ell ... Ms. Harbin is a law enforcement officer, a corrections officer, and I think that is a sufficiently reasonable basis.” This statement indicates that, as required by Melbourne, the trial court was considering all of the circumstances surrounding the strike — in other words, the additional fact that Harbin was a corrections officer. That additional race-neutral reason meant that Harbin and Brown were not similarly situated and the trial court appropriately considered whether or not the State’s reason for exercising its strike was genuine.

Step 3 of the Melbourne analysis does not require the trial court to state that it found the State’s proffered reason for the strike to be “genuine.” Indeed, there “is no requirement that the trial court specifically use the word ‘genuine.’ ” See Hoskins, 965 So.2d at 12 (holding trial court applied correct standard in step 3 analysis even though trial court used terms “neutral and reasonable” as these terms are synonymous with word “genuine”); see also Johnson v. State, 706 So.2d 401, 404 (Fla. 3d DCA 1998).

Moreover, this Court and other sister courts have affirmed peremptory strikes when the genuineness analysis merely was implicit in the trial court’s ruling. In Davis, this Court held that the fact the trial court allowed a peremptory challenge, without more explanation, “clearly indicates that [the trial court] did not find the State’s reason to be pretextual” and was sufficient to establish that trial court made a finding of genuineness. Davis, 691 So.2d at 1183; see also Bowden v. State, 787 So.2d 185, 188 (Fla. 1st DCA 2001) (holding that the trial court’s indication that it did not believe strike was racially motivated established that “the trial court reached step three of the Melbourne analysis and determined the strike was genuine”); Watson v. State, 841 So.2d 659, 660 (Fla. 4th DCA 2003) (trial court engaged in genuineness analysis required under Melbourne where it stated “[a]ll right. Very well. That’s a race neutral decision” in response to State’s proffered reason for strike); Fleming v. State, 825 So.2d 1027, 1029 (Fla. 1st DCA 2002) (concluding that, by overruling the defense’s objections, the trial court made an implicit finding that the State’s strikes were genuine).

*1085The dissent contends that because the trial court used the word “reasonable,” rather than “genuine” that it failed to conduct a proper genuineness analysis under step 3. We respectfully disagree. Proper compliance with Melbourne does not mandate the “incantation of magical words,” Heggan v. State, 745 So.2d 1066, 1068 (Fla. 3d DCA 1999), and “[t]here is nothing in Melbourne which requires trial judges to articulate their thought process on the issue of pretext.” Johnson, 706 So.2d at 404. As this Court has explained, “[t]he trial court is not required to orally perform its genuineness analysis or to articulate the basis for its ruling.” Lidiano v. State, 967 So.2d 972, 975 (Fla. 3d DCA 2007); accord Carrillo v. State, 962 So.2d 1013, 1017 (Fla. 3d DCA 2007) (where trial court heard State’s gender-neutral explanation for strike, allowed defense counsel to argue its position, and then granted peremptory strike, trial court implicitly underwent a genuineness inquiry); Bow-den, 787 So.2d at 188 (trial court’s decision to allow State’s peremptory challenge “would indicate that he found the strike to be genuine”). “The right to an impartial jury ... is best safeguarded not by an arcane maze of reversible error traps, but by reason and common sense.” Melbourne, 679 So.2d at 765.

In the absence of clear error, this Court is compelled to affirm. Accordingly, we conclude that the trial court underwent the genuineness analysis required by Melbourne, and affirm Alonzo’s conviction.

Affirmed.

WELLS, J., concurs.

RAMIREZ, C.J.

I respectfully dissent.

Although proper compliance with Melbourne does not mandate the “incantation of magical words,” as the majority points out, it does mandate that the trial court focus on the genuineness of the race-neutral explanation as opposed to its reasonableness. See Murray v. State, 3 So.3d 1108 (Fla.2009). Here, the trial court clearly focused on its reasonableness. The transcript reflects that the trial court stated:

Well, I can see from the face of the questionnaire Ms. Harbin is a law enforcement officer, a corrections officer, and I think that is sufficiently reasonable basis, so I am going to allow the State’s peremptory.

Instead of ruling on whether it believed that the State’s reason for striking Juror Harbin was genuine, the trial court allowed the challenge by concluding that because Juror Harbin was a corrections officer, there was a reasonable basis for striking the juror. The transcript reflects that the trial court never undertook a “genuineness” analysis. This is not the correct application of the third step in the Melbourne analysis. Consequently, I would reverse Alonzo’s conviction and remand for a new trial.

Dissent
RAMIREZ, C.J.

RAMIREZ, C.J.

I respectfully dissent.

Although proper compliance with Melbourne does not mandate the “incantation of magical words,” as the majority points out, it does mandate that the trial court focus on the genuineness of the race-neutral explanation as opposed to its reasonableness. See Murray v. State, 3 So. 3d 1108 (Fla.2009). Here, the trial court clearly focused on its reasonableness. The transcript reflects that the trial court stated:

Well, I can see from the face of the questionnaire Ms. Harbin is a law enforcement officer, a corrections officer, and I think that is sufficiently reasonable basis, so I am going to allow the State’s peremptory.

Instead of ruling on whether it believed that the State’s reason for striking Juror Harbin was genuine, the trial court allowed the challenge by concluding that because Juror Harbin was a corrections officer, there was a reasonable basis for striking the juror. The transcript reflects that the trial court never undertook a “genuineness” analysis. This is not the correct application of the third step in the Melbourne analysis. Consequently, I would reverse Alonzo’s conviction and remand for a new trial.


Cases With Similar Vibessemantic neighbors from the corpus


Citator

Cited By

  • Hayes v. State, 94 So. 3d 452 (Fla. 2012)
    …of genuineness, the appellate court is generally confronted with two Melbourne scenarios. The first arises when the defendant objects to the State's exercise of a peremptory strike, but the trial court allows the strike. See, e.g., Alonzo v. State, 46 So. 3d 1081 (Fla. 3d DCA 2010), review denied, 70 So. 3d 586 (Fla.2011); Tetreault v. State, 24 So. 3d 1242 (Fla. 1st DCA 2009); Watson v. State, 841 So. 2d 659 (Fla. 4th DCA 2003); Shuler v. State, 816 So. 2d 257 (Fla. 2d DCA 2002). In this situation, the defe…
  • King v. State, 89 So. 3d 209 (Fla. 2012)
    …oreover, King has failed to identify the race of the similarly situated jurors who were seated on King’s jury. Since the race of the seated jurors is unclear, King cannot show that the strike of juror 111 was racially motivated. See Alonzo v. State, 46 So. 3d 1081, 1084 n. 2 (Fla. 3d DCA 2010) (“If the record fails to identify the respective race of the challenged and unchallenged jurors, the appellate court cannot determine if pretext exists.”), review denied, 70 So. 3d 586 (Fla.2011); Davis, 691 So. 2d at 1…
  • Hickman v. State, 260 So. 3d 553 (Fla. 3d DCA 2018)
    …PER CURIAM. Affirmed. See Alonzo v. State, 46 So. 3d 1081, 1084 (Fla. 3d DCA 2010) (explaining that a trial court's genuineness analysis, under Melbourne v. State, 679 So. 2d 759 (Fla. 1996), may be implicit); Carillo v. State, 962 So. 2d 1013, 1016 (Fla. 3d DCA 2007) (holding that "the trial court implici…

Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.

Join FLexlaw to unlock all legal intelligence

Authorities Cited (12 total)

View all 12 cited authorities →

Full citator, related cases, and AI research tools

Open in FLexlaw