RUSSELL v. STATE

No. 3D03-2658.

879 So.2d 1261 (2004)

James RUSSELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

August 11, 2004.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Howard K. Blumberg, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Angel L. Fleming, Assistant Attorney General, for appellee.

Before GREEN, RAMIREZ, and SHEPHERD, JJ.


PER CURIAM.

James Russell appeals his conviction and sentence for assault after a jury trial. His sole contention on appeal is that the trial court erroneously denied his peremptory challenge to a prospective juror. We agree and therefore reverse and remand for a new trial.

During voir dire, a Hispanic, female venireperson told the court that her ex-husband had served nine years in prison on federal charges for conspiracy to traffic in drugs and evade taxes...

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