HARRIELL v. STATE

No. 4D08-2470.

29 So.3d 372 (2010)

Eugene HARRIELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 7, 2010.


Attorney(s) appearing for the Case

Philip J. Massa, Regional Counsel, and Genevieve Hall, Assistant Regional Counsel, Office of Criminal Conflict and Civil Regional Counsel, West Palm Beach, for appellant.

Bill McCollum, Attorney General, Tallahassee, and Melynda Melear, Assistant Attorney General, West Palm Beach, for appellee.


GROSS, C.J.

Appellant was convicted of robbery, burglary, grand theft, and attempted aggravated battery. We write to address his argument that the state improperly exercised a peremptory challenge against an African-American juror. We affirm, because appellant failed to preserve his claim that the prosecutor's challenge to a prospective juror was based on non-verbal behavior unsupported by the record.

The state exercised a peremptory challenge against juror...

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