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STATE v. GOODMAN

No. 96-2916.

696 So.2d 940 (1997)

STATE of Florida, Appellant, v. Edmond L. GOODMAN, Appellee.

District Court of Appeal of Florida, Fourth District.

July 9, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for appellant.

Richard L. Jorandby, Public Defender, and Marcy K. Allen, Assistant Public Defender, West Palm Beach, for appellee.

FARMER, Judge.

Defendant, an African-American male, was on trial for battery of a law enforcement officer and other charges. The state attempted to exercise a peremptory challenge against an African-American juror, but the trial judge disallowed the challenge after a Neil hearing was held. After the jury was selected, but before they were sworn, the state "nolle prossed" the case. Only 30 minutes later, the state refiled the charges. Defendant moved to dismiss...

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