KOENIG v. STATE

No. 83-2692.

497 So.2d 875 (1986)

Robert KOENIG, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

On Rehearing December 2, 1986.


Attorney(s) appearing for the Case

Gelber, Glass & Durant and N. Joseph Durant, Jr., Miami, for appellant.

Jim Smith, Atty. Gen. and Anthony C. Musto, Sp. Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.


DANIEL S. PEARSON, Judge.

Although we agree with the defendant that, absent a determination that he had exercised his peremptory challenges to exclude blacks from the jury solely because of their race, the trial judge was without authority to discharge the jury pool on the ground that there was not "any black member on the jury," there is absolutely no evidence in this record — and, indeed, not even a suggestion below — to indicate that the trial judge...

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