MACK v. STATE

No. 86-2611.

545 So.2d 489 (1989)

Andrew Wiley MACK a/K/a George Culbreath, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 23, 1989.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Andrea Steffen, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Robert J. Landry, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Acting Chief Judge.

We reverse defendant's conviction for robbery in violation of section 812.13(2)(c), Florida Statutes (1985), and remand for a new trial.

We agree with defendant's contention that the trial court erred in failing to find that the state's peremptory challenges of three of the five black prospective jurors, out of twenty prospective jurors, violated defendant's constitutional right to equal protection of the laws.

As to one...

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