Goggins v. State

District Court of Appeal of Florida

Goggins v. State

528 So. 2d 118, 13 Fla. L. Weekly 1648, 1988 Fla. App. LEXIS 3311, 1988 WL 72172

CourtDistrict Court of Appeal of Florida

DecidedJuly 13, 1988

DocketNo. 88-45

StatusPublished

This text of 528 So. 2d 118 (Goggins 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

Goggins v. State, 528 So. 2d 118, 13 Fla. L. Weekly 1648, 1988 Fla. App. LEXIS 3311, 1988 WL 72172 (Fla. Ct. App. 1988).

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Opinion

PER CURIAM.

Goggins was tried and convicted on the charge of burglary and sentenced to 30 months in prison. In the only issue raised in the initial brief, appellant argues that the trial court erred in not holding a hearing on defense counsel’s objections during jury selection that the state’s use of peremptory challenges was racially motivated. In the answer brief, appellee concedes that such a hearing was necessary under the holdings in Blackshear v. State, 521 So.2d 1083 (Fla.1988), and State v. Neil, 457 So.2d 481 (Fla.1984).

Accordingly, pursuant to Rule 9.315(b), Florida Rules of Appellate Procedure, we reverse and remand this cause to the trial court for a new trial.

MILLS, BOOTH and BARFIELD, JJ., concur.

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PER CURIAM.

Goggins was tried and convicted on the charge of burglary and sentenced to 30 months in prison. In the only issue raised in the initial brief, appellant argues that the trial court erred in not holding a hearing on defense counsel’s objections during jury selection that the state’s use of peremptory challenges was racially motivated. In the answer brief, appellee concedes that such a hearing was necessary under the holdings in Blackshear v. State, 521 So.2d 1083 (Fla.1988), and State v. Neil, 457 So.2d 481 (Fla.1984).

Accordingly, pursuant to Rule 9.315(b), Florida Rules of Appellate Procedure, we reverse and remand this cause to the trial court for a new trial.

MILLS, BOOTH and BARFIELD, JJ., concur.

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Bluebook (online)

528 So. 2d 118, 13 Fla. L. Weekly 1648, 1988 Fla. App. LEXIS 3311, 1988 WL 72172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goggins-v-state-fladistctapp-1988.

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