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PRESTON v. STATE

No. 94-56.

641 So.2d 169 (1994)

Thomas PRESTON, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 9, 1994.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Alfonso M. Saldana, Sp. Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Cecily Robinson-Duffie, Asst. Atty. Gen., for appellee.

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

COPE, Judge.

Thomas Preston appeals his convictions and sentences for aggravated battery and false imprisonment. We reverse.

During jury selection the State exercised two peremptory challenges against male jurors. After exercise of the second such peremptory challenge the defense objected, contending that the State was exercising its challenges on the basis of gender. Defendant asked for a Neil inquiry.1 The trial court...

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