Coulter v. State

District Court of Appeal of Florida

Coulter v. State

657 So. 2d 2, 1995 Fla. App. LEXIS 2570, 1995 WL 106943

CourtDistrict Court of Appeal of Florida

DecidedMarch 15, 1995

DocketNo. 94-2077

StatusPublished

This text of 657 So. 2d 2 (Coulter 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

Coulter v. State, 657 So. 2d 2, 1995 Fla. App. LEXIS 2570, 1995 WL 106943 (Fla. Ct. App. 1995).

Pincite

Opinion

PER CURIAM.

This is an appeal from a criminal proceeding which resulted in a guilty verdict. We find that the trial court erred in overruling the defendant’s peremptory challenge of a juror as the state did not make a proper objection to the peremptory strike in that it failed to demonstrate on the record that the challenged juror was a member of a distinctive racial group, and that there was a strong likelihood that the juror had been challenged solely on the basis of his race. Betancourt v. State, 650 So.2d 1021 (Fla. 3d DCA 1995); Portu v. State, 651 So.2d 791 (Fla. 3d DCA 1995) (on motion for clarification granted).¹

Therefore, we reverse the adjudication and conviction under review and return the matter to the trial court for a new trial.

Reversed and remanded.

On Motion To Clarify Granted

This is an appeal from a criminal proceeding which resulted in a guilty verdict. We find that the trial court erred in overruling the defendant’s peremptory challenge of a juror as the state did not make a proper objection to the peremptory strike in that it failed to demonstrate on the record that the challenged juror was a member of a distinctive racial group, or that defendant had exercised said challenge in a racially discriminatory manner. Betancourt v. State, 650 So.2d 1021 (Fla. 3d DCA 1995); Portu v. State, 651 So.2d 791 (Fla. 3d DCA 1995) (on motion for clarification granted).¹

Therefore, we reverse the adjudication and conviction under review and return the matter to the trial court for a new trial.

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PER CURIAM.

This is an appeal from a criminal proceeding which resulted in a guilty verdict. We find that the trial court erred in overruling the defendant’s peremptory challenge of a juror as the state did not make a proper objection to the peremptory strike in that it failed to demonstrate on the record that the challenged juror was a member of a distinctive racial group, and that there was a strong likelihood that the juror had been challenged solely on the basis of his race. Betancourt v. State, 650 So.2d 1021 (Fla. 3d DCA 1995); Portu v. State, 651 So.2d 791 (Fla. 3d DCA 1995) (on motion for clarification granted).¹

Therefore, we reverse the adjudication and conviction under review and return the matter to the trial court for a new trial.

Reversed and remanded.

On Motion To Clarify Granted

This is an appeal from a criminal proceeding which resulted in a guilty verdict. We find that the trial court erred in overruling the defendant’s peremptory challenge of a juror as the state did not make a proper objection to the peremptory strike in that it failed to demonstrate on the record that the challenged juror was a member of a distinctive racial group, or that defendant had exercised said challenge in a racially discriminatory manner. Betancourt v. State, 650 So.2d 1021 (Fla. 3d DCA 1995); Portu v. State, 651 So.2d 791 (Fla. 3d DCA 1995) (on motion for clarification granted).¹

Therefore, we reverse the adjudication and conviction under review and return the matter to the trial court for a new trial.

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Bluebook (online)

657 So. 2d 2, 1995 Fla. App. LEXIS 2570, 1995 WL 106943, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coulter-v-state-fladistctapp-1995.

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