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McCRAY v. STATE

No. 98-301.

722 So.2d 952 (1998)

Sean McCRAY, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

December 30, 1998.

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 Alison B. Cutler, Assistant Attorney General, for appellee.

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

PER CURIAM.

We are more than inclined to believe that the trial court erroneously permitted the prosecution to exercise a peremptory challenge upon a particular African American juror despite clear evidence that the proffered explanation for the strike was a pretextual attempt to disguise its actual, racial, motivation. See Melbourne v. State, 679 So.2d 759 (Fla.1996); State v. Slappy, 522 So.2d 18...

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