PEARSON v. STATE

No. 85-2945.

514 So.2d 374 (1987)

Dennis Joe Nathan PEARSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing and Rehearing Denied November 3, 1987.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John T. Kilcrease, Jr., Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and James A. Young, Asst. Atty. Gen., Tampa, for appellee.


Rehearing and Rehearing En Banc Denied November 3, 1987.

DANAHY, Chief Judge.

The appellant, a black defendant facing trial on several criminal charges, objected immediately but unsuccessfully when the state used one of its peremptory challenges to remove the only black member of the jury venire. We hold that the appellant established a prima facie case of racial discrimination violative of the fourteenth amendment based on the state's use of a peremptory...

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