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SHELTON v. STATE

No. 89-1702.

563 So.2d 820 (1990)

Clifford SHELTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

July 5, 1990.

Attorney(s) appearing for the Case

Richard L. Jorandby, Public Defender, and Margaret Good, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Lynn G. Waxman, Asst. Atty. Gen., West Palm Beach, for appellee.

GARRETT, Judge.

Appellant seeks reversal of his attempted sexual battery and aggravated assault convictions and his sentences as an habitual offender.

During voir dire the state exercised a peremptory challenge of a black prospective juror. After defense counsel objected on racial grounds, the prosecutor attempted to justify the challenge:

[The excused juror] is continuously looking down and he knows [appellant] from somewhere and I don't know where...

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