ALAIN GUEVARA, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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Alain Guevara appeals his convictions for online enticement of a minor and traveling to meet a minor for sexual conduct. The court reverses and remands because the trial court erred by failing to require the prosecution to provide gender-neutral reasons for striking male jurors when the defense timely objected.
The trial court's failure to require gender-neutral reasons for peremptory strikes of male jurors constitutes per se reversible error when the objecting party preserves the issue. Gender-based discrimination in jury selection violates the Equal Protection Clause, and male jurors receive the same protections as other protected classes. Because Guevara timely objected and properly preserved the issue, the judgments and sentences must be reversed and remanded for a new trial.
[1] Discrimination in jury selection on the basis of gender is prohibited by the Equal Protection Clause.
[2] A party exercising a peremptory strike of a male juror can be required to provide a gender-neutral reason for the strike.
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Join FLexlaw to unlock all legal intelligence“the Equal Protection Clause prohibits discrimination in jury selection on the basis of gender”
Establishes the constitutional foundation for requiring gender-neutral reasons for peremptory strikes
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Join FLexlaw to unlock all legal intelligenceGuevara was convicted by jury of using a computer to seduce, solicit, lure, or entice a child to engage in unlawful sexual conduct and traveling to me…
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Alain Guevara appeals his judgments and. sentences for one count of using a computer to seduce, solicit, lure, or entice a child to engage in unlawful sexual conduct and one count of traveling to meet a minor to engage in unlawful sexual conduct. See § 847.0135(3)(a), (4), Fla. Stat. (2012). He received concurrent sentences of forty-two months’ imprisonment after a jury found him guilty of both offenses. The State concedes that an error during jury selection requires a new trial in this case.
On appeal, Mr. Guevara argues that the trial court erred during jury selection when it denied his challenges for cause as to two jurors and when it refused to require the State to provide gender-neutral reasons for its peremptory challenges to two male jurors following defense counsel’s timely objections. The assistant state attorney in this case argued during jury selection that males are not a protected class and convinced the trial court that the strike of a male juror did not require the trial court to follow the procedures established in Melbourne v. State, 679 So.2d 759 (Fla.1996), in which the supreme court applied State v. Johans, 613 So.2d 1319 (Fla. 1993), State v. Slappy, 522 So.2d 18 (Fla. 1988), and State v. Neil, 457 So.2d 481 (Fla.1984).
In this-appeal, the State properly admits that the law is to the contrary: a party exercising a peremptory strike of a male juror can be called upon to give a gender-neutral reason for the strike. See J.E.B. v. Alabama ex. rel. T.B., 511 U.S. 127, 146, 114 S.Ct. 1419, 128 L.Ed.2d 89 (1994) (“[T]he Equal Protection Clause prohibits discrimination in jury selection on the basis of gender....”); Abshire v. State, 642 So.2d 542 (Fla.1994). Once the *1256objecting party asks for a gender-neutral reason, the trial court must follow the procedure in Melbourne and direct the party exercising the peremptory to provide one. Welch v. State, 992 So.2d 206, 211-12 (Fla.2008). So long as the objecting party takes the steps necessary to preserve this issue, as Mr. Guevara did here, the trial court’s failure to ask for a gender-neutral reason constitutes per se reversible error. See id. at 212 (citing Melbourne, 679 So.2d at 764); Johans, 613 So.2d at 1322 (“Thus, we hold that the proper remedy in all cases where the trial court errs in failing to hold a Neil inquiry is to reverse and remand for a new trial.”); Sabine v. State, 58 So.3d 943, 945-46 (Fla. 2d DCA 2011) (applying “proper remedy” of reversing and remanding for new trial where trial court failed to direct State to provide gender-neutral reason for striking male juror following defense’s timely objection); Marshall v. State, 640 So.2d 84 (Fla. 2d DCA 1994); see also Thomas v. State, 958 So.2d 1047,1050-51 (Fla. 2d DCA 2007) (explaining per se nature of errors in the structure of the jury). The State properly concedes that this court must reverse the judgments and sentences and remand this case for a new trial. It is therefore unnecessary to address Mr. Guevara’s argument that the trial court improperly denied his challenges for cause.
Reversed and remanded.
KELLY and KHOUZAM, JJ., Concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Jones v. State, 229 So. 3d 834 (Fla. 4th DCA 2017)…stands, attorneys exercising a strike against any juror of any possible demographic are now compelled to provide a “neutral” reason for using a peremptory challenge. See Abshire v. State, 642 So. 2d 542, 543-44 (Fla. 1994) (women); Guevara v. State, 164 So. 3d 1254, 1256 (Fla. 2d DCA 2015) (men); Whitby v. State, 933 So. 2d 557, 563-64 (Fla 3d DCA 2006) (white males); Olibrices v. State, 929 So. 2d 1176, 1180 (Fla 4th DCA 2006) (Pakistani ethnicity and Muslim religious beliefs); Joseph v. State, 636 So. 2d 777…
Authorities Cited
- State v. Neil, 457 So. 2d 481 (Fla. 1984)
- Jeanie H. Melbourne v. State, 679 So. 2d 759 (Fla. 1996)
- State v. Slappy, 522 So. 2d 18 (Fla. 1988)
- J. E. B. v. Alabama ex rel. T. B., 511 U.S. 127 (U.S. 1994)
- State v. Johans, 613 So. 2d 1319 (Fla. 1993)
- Abshire v. State, 642 So. 2d 542 (Fla. 1994)
- Welch v. State, 992 So. 2d 206 (Fla. 2008)
- Smith Thomas v. State, 958 So. 2d 1047 (Fla. 2d DCA 2007)
- Sabine v. State, 58 So. 3d 943 (Fla. 2d DCA 2011)
- Lebron Cardilia Marshall v. State, 640 So. 2d 84 (Fla. 2d DCA 1994)