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MITCHELL v. STATE

No. 88-2507.

548 So.2d 823 (1989)

Junious Edward MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

September 8, 1989.

Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Kathleen Stover, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., A.E. Pooser IV, Asst. Atty. Gen., for appellee.

WENTWORTH, Judge.

Appellant seeks review of judgments of conviction and sentences for armed robbery and three counts of sexual battery. We find that the state was improperly allowed to utilize a peremptory challenge in a discriminatory manner. This error requires that the judgments of conviction be reversed.

After the state utilized peremptory challenges to exclude two black prospective jurors, appellant's counsel requested that the court inquire as to the...

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