McNAIR v. STATE

No. 88-01262.

579 So.2d 264 (1991)

Joel McNAIR, Appellant/Cross-Appellee, v. STATE of Florida, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

May 3, 1991.


Attorney(s) appearing for the Case

Sharon Bradley of Daley & Miller, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Katherine V. Blanco, Asst. Atty. Gen., Tampa, for appellee.


ALTENBERND, Judge.

Joel McNair appeals his convictions for racketeering and fifty-two counts of grand theft. The state cross-appeals his downward departure sentence. We affirm the convictions and discuss only one of Mr. McNair's issues. We decline to review the state's untimely cross-appeal.

During jury selection, the state used two peremptory challenges to exclude black venire members. A third black venire member remained on the jury. Mr. McNair argues that...

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