ALBURY v. STATE

No. 88-491.

541 So.2d 1262 (1989)

John Henry ALBURY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 14, 1989.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and NESBITT and FERGUSON, JJ.


ON CONFESSION OF ERROR

PER CURIAM.

To justify the exercise of a peremptory challenge, which led to the dismissal of the first of only two remaining African-American members of a panel of prospective jurors, the prosecutor explained that the juror was from a "lower socioeconomic background" (her father, allegedly, was a taxi driver). No explanation, at all, was given to explain the dismissal of a second black venireperson. The trial judge overruled the defendant...

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