SMITH v. STATE

No. 3D05-90.

1 So.3d 352 (2009)

Anthony E. SMITH, Appellant, v. The STATE of Florida, Appellee.

District Court of Appeal of Florida, Third District.

January 28, 2009.


Attorney(s) appearing for the Case

Carlos J. Martinez, Public Defender, and Roy A. Heimlich, Assistant Public Defender, for appellant.

Bill McCollum, Attorney General, and John D. Baker, Assistant Attorney General, for appellee.

Before RAMIREZ, ROTHENBERG, and SALTER, JJ.


On Motion for Rehearing

ROTHENBERG, Judge.

The defendant's motion for rehearing is denied. We, however, withdraw our former opinion dated January 31, 2007, and substitute the following opinion in its stead.

The sole issue raised in this appeal is whether the trial court erred in denying defense counsel's peremptory challenge of a prospective juror. As we find no error, we affirm.

During jury selection, the defense moved to exercise...

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