Archie v. State

District Court of Appeal of Florida

Archie v. State

710 So. 2d 234, 1998 Fla. App. LEXIS 5598, 1998 WL 251083

CourtDistrict Court of Appeal of Florida

DecidedMay 20, 1998

DocketNo. 97-2141

StatusPublished

Cited by3 cases

This text of 710 So. 2d 234 (Archie v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Archie v. State, 710 So. 2d 234, 1998 Fla. App. LEXIS 5598, 1998 WL 251083 (Fla. Ct. App. 1998).

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Opinion

PER CURIAM.

Freddie Dee Archie appeals his conviction for aggravated assault, contending that he was improperly denied a peremptory challenge. Our review of the record fails to reveal — and the State is unable to point to— the demonstrations required to be made by the State, as the party opposing the peremptory challenge, that the challenged person is a member of a distinct racial group, and that the peremptory challenge is motivated by that fact. Archie’s peremptory challenge was therefore improperly denied. See Melbourne v. State, 679 So.2d 759 (Fla.1996); State v. Neil, 457 So.2d 481 (Fla.1984). Archie’s conviction and sentence are reversed and the case is remanded for a new trial.

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PER CURIAM.

Freddie Dee Archie appeals his conviction for aggravated assault, contending that he was improperly denied a peremptory challenge. Our review of the record fails to reveal — and the State is unable to point to— the demonstrations required to be made by the State, as the party opposing the peremptory challenge, that the challenged person is a member of a distinct racial group, and that the peremptory challenge is motivated by that fact. Archie’s peremptory challenge was therefore improperly denied. See Melbourne v. State, 679 So.2d 759 (Fla.1996); State v. Neil, 457 So.2d 481 (Fla.1984). Archie’s conviction and sentence are reversed and the case is remanded for a new trial.

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Bluebook (online)

710 So. 2d 234, 1998 Fla. App. LEXIS 5598, 1998 WL 251083, Counsel Stack Legal Research, https://law.counselstack.com/opinion/archie-v-state-fladistctapp-1998.

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