Lenard v. State

477 So. 2d 62, 10 Fla. L. Weekly 2429, 1985 Fla. App. LEXIS 16469

Opinion

PER CURIAM.

The final judgment of conviction and sentence under review is reversed and the cause is remanded to the trial court for a new trial based on the controlling and indistinguishable authority of State v. Neil, 457 So.2d 481 (Fla.1984). This appeal — wherein the defendant properly objected at trial to the state’s use of peremptory challenges of prospective black jurors allegedly based solely on race — was pending at the time the Neil decision was rendered and, accordingly, the rule of Neil is applicable to this case. Andrews v. State, 459 So.2d 1018 (Fla.1984); Franks v. State, 467 So.2d 400 (Fla. 4th DCA 1985); Jones v. State, 466 So.2d 301 (Fla. 3d DCA 1985); Castillo v. State, 466 So.2d 7 (Fla. 3d DCA 1985); City of Miami v. Cornett, 463 So.2d 399 (Fla. 3d DCA), dismissed, 469 So.2d 748 (Fla.1985); Safford v. State, 463 So.2d 378 (Fla.3d DCA 1985).

Reversed and remanded for a new trial.