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FULTON v. STATE

No. 93-2674.

642 So.2d 1163 (1994)

Eugene FULTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

September 28, 1994.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Scott W. Sakin, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen. and Angelica D. Zayas, Asst. Atty. Gen., for appellee.

Before SCHWARTZ, C.J., and BASKIN and COPE, JJ.

PER CURIAM.

We find no abuse of discretion in the trial court's disallowance of a defense peremptory challenge on the ground that the non-racially based reasons asserted were pretextual. See State v. Slappy, 522 So.2d 18 (Fla. 1988), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In addition, the alleged error was not preserved because the defense used all of its allotted peremptory challenges...

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