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HOWELL v. STATE

No. 3D07-1166.

1 So.3d 322 (2009)

Andre HOWELL, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 21, 2009.

Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Maria E. Lauredo, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and Timothy R.M. Thomas, Assistant Attorney General, for appellee.

Before RAMIREZ, WELLS and SUAREZ, JJ.

RAMIREZ, J.

Andre Howell challenges his conviction on the basis of an error that occurred during jury selection. Because Howell's reason for the peremptory challenge was based on how the juror was looking at him and the court did not observe this, under Dorsey v. State, 868 So.2d 1192 (Fla.2003), the stated reason was not supported by the record and was properly denied.

When Howell attempted to exercise a peremptory...

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