Colston v. State

District Court of Appeal of Florida

Colston v. State

894 So. 2d 300, 2005 Fla. App. LEXIS 2052, 2005 WL 415969

District Court of Appeal of Florida·Decided February 23, 2005·No. No. 4D04-501·Published

Opinion

SHAHOOD, J.

We affirm appellant’s, Marcus Colston, conviction and sentence for robbery with a firearm and aggravated battery with a firearm. As his second issue, appellant argues the trial court erred in allowing the state to exercise a peremptory challenge in a manner which excluded prospective black jurors solely based on their race. This issue was not preserved for appeal. But' for the preservation issue we would have a great concern for the striking by the state of prospective juror Corathea Thomas for, among other reasons, having “two gold teeth.”

We affirm as to the remaining issues raised without further discussion.

AFFIRMED.

FARMER, C.J., and TAYLOR, J., concur.

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SHAHOOD, J.

We affirm appellant’s, Marcus Colston, conviction and sentence for robbery with a firearm and aggravated battery with a firearm. As his second issue, appellant argues the trial court erred in allowing the state to exercise a peremptory challenge in a manner which excluded prospective black jurors solely based on their race. This issue was not preserved for appeal. But' for the preservation issue we would have a great concern for the striking by the state of prospective juror Corathea Thomas for, among other reasons, having “two gold teeth.”

We affirm as to the remaining issues raised without further discussion.

AFFIRMED.

FARMER, C.J., and TAYLOR, J., concur.

Colston v. State, 894 So. 2d 300, 2005 Fla. App. LEXIS 2052, 2005 WL 415969 (Fla. Ct. App. 2005).

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