MELENDEZ v. STATE

No. 3D00-851.

787 So.2d 918 (2001)

Jairo Josue MELENDEZ, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 27, 2001.


Attorney(s) appearing for the Case

Evelio Garcia, Miami, for appellant.

Robert A. Butterworth, Attorney General, and Fredericka Sands, Assistant Attorney General, for appellee.

Before JORGENSON, FLETCHER, and RAMIREZ JJ.


RAMIREZ, J.

Jairo Josue Melendez appeals his conviction and sentence for attempted first degree murder. He urges reversal based on the improper refusal by the trial court to permit the exercise of a defense peremptory challenge of a juror who ended up serving as the foreperson. We determine that the trial court's finding that the reasons given by defense counsel for the peremptory challenge were pretextual was not clearly erroneous.

Melendez is a Hispanic...

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