JAMES DARRELL MCCANTS, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 2016-09-16
No. 2D15-329
WALLACE, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur.
210 So. 3d 130 Florida District Court of Appeal, Second District (2016) Positive Treatment
Cited by 1 case

Opinion of the Court
PER CURIAM.

PER CURIAM.

For the reasons set forth in Ivy v. State, 196 So.3d 394, (Fla. 2d DCA 2016), we affirm. Again, we certify the following question of great public importance to the supreme court:

DURING A MELBOURNE V. STATE, 679 So.2d 759, 763 (Fla.1996), HEARING, WHEN A TRIAL COURT FINDS THAT THE PROPONENT’S REASON FOR A PEREMPTORY CHALLENGE IS FACIALLY NEUTRAL, IS IT THE BURDEN OF THE OPPONENT (1) TO CLAIM THE REASON IS A PRETEXT, (2) TO PLACE INTO THE RECORD THE CIRCUMSTANCES SUPPORTING ITS POSITION, AND (3) TO OBJECT IF THE TRIAL COURT’S RULING DOES NOT CONTAIN ADEQUATE FINDINGS ON THE ISSUE OF GENUINENESS?

Affirmed; question certified.

WALLACE, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur.


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