DESPIO v. STATE

No. 3D03-2326.

895 So.2d 1124 (2005)

Rolfson Ralph DESPIO, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

February 2, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Beth C. Weitzner, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General, and Jennifer Falcone Moore, Assistant Attorney General, for appellee.

Before COPE, FLETCHER, and RAMIREZ, JJ.


RAMIREZ, J.

Appellant Rolfson Ralph Despio, a Haitian-American, appeals his conviction and sentence for armed robbery with a firearm. Because the State exercised its peremptory challenges in a discriminatory manner, we reverse.

During voir dire at trial, Rose Nadiale Barthold and Florence Aarestrup were the only two identified Creole-speaking prospective jurors on the venire. Over defense objection based upon race, the State used a peremptory strike to remove...

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