COLSTON v. STATE

No. 4D04-501.

894 So.2d 300 (2005)

Marcus L. COLSTON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

February 23, 2005.


Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for appellee.


SHAHOOD, J.

We affirm appellant's, Marcus Colston, conviction and sentence for robbery with a firearm and aggravated battery with a firearm. As his second issue, appellant argues the trial court erred in allowing the state to exercise a peremptory challenge in a manner which excluded prospective black jurors solely based on their race. This issue was not preserved for appeal. But for the preservation issue we would have a great concern for the striking by the state...

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