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KELLY v. STATE

No. 95-3178.

689 So.2d 1262 (1997)

Timothy KELLY a/k/a Timothy Murphy, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

March 19, 1997.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rosa C. Figarola, Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General and Michael J. Neimand, Assistant Attorney General and Sandra S. Jaggard, Assistant Attorney General, for appellee.

Before GERSTEN, GREEN and SHEVIN, JJ.

PER CURIAM.

Timothy Kellym, a/k/a Timothy Murphy, appeals his conviction and sentence for attempted first degree pre-meditated murder and first degree murder. We find that Kelly's attempted exercise of a peremptory strike of a juror who indicated that she was troubled by Kelly's right to remain silent at trial was a valid race-neutral reason. Consequently, the trial court's denial of this strike was clear error and we reverse and remand for a new trial.

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