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EICHELBERGER v. STATE

No. 89-01472.

562 So.2d 853 (1990)

Robert EICHELBERGER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

June 20, 1990.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, Bartow, and Allyn Giambalvo, Asst. Public Defender, Clearwater, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Donna A. Provonsha, Asst. Atty. Gen., Tampa, for appellee.

ALTENBERND, Judge.

We reverse Mr. Eichelberger's convictions and sentences for first-degree murder, arson, and robbery. The trial court committed error because it failed to conduct a Neil1 hearing after the defendant objected to the state's use of peremptory challenges to exclude the only two Afro-Americans on the venire.

In this case, the defendant objected after the state had used five peremptory challenges, two of which...

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