Macklin v. State

District Court of Appeal of Florida

Macklin v. State

491 So. 2d 1153, 11 Fla. L. Weekly 1915, 1986 Fla. App. LEXIS 9210

CourtDistrict Court of Appeal of Florida

DecidedAugust 5, 1986

DocketNo. 83-2568

StatusPublished

Cited by1 cases

This text of 491 So. 2d 1153 (Macklin 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.

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Macklin v. State, 491 So. 2d 1153, 11 Fla. L. Weekly 1915, 1986 Fla. App. LEXIS 9210 (Fla. Ct. App. 1986).

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Opinion

PER CURIAM.

Contrary to appellant’s contention that he demonstrated a strong likelihood that four potential black jurors were peremptorily stricken solely because of their race, the record reveals a valid basis for exclusion in at least three instances. See Taylor v. State, 491 So.2d 1150 (Fla. 4th DCA 1986); Cotton v. State, 468 So.2d 1047 (Fla. 4th DCA), review denied, 479 So.2d 117 (Fla.1985). Appellant has failed to show that there was a strong likelihood that the fourth juror was challenged solely on the basis of race, see State v. Neil, 457 So.2d 481 (Fla.1984); we therefore find that reversal under Neil is inappropriate. Parker v. State, 476 So.2d 134 (Fla.1985); Hamilton v. State, 487 So.2d 407 (Fla. 3d DCA 1986).

Affirmed.

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PER CURIAM.

Contrary to appellant’s contention that he demonstrated a strong likelihood that four potential black jurors were peremptorily stricken solely because of their race, the record reveals a valid basis for exclusion in at least three instances. See Taylor v. State, 491 So.2d 1150 (Fla. 4th DCA 1986); Cotton v. State, 468 So.2d 1047 (Fla. 4th DCA), review denied, 479 So.2d 117 (Fla.1985). Appellant has failed to show that there was a strong likelihood that the fourth juror was challenged solely on the basis of race, see State v. Neil, 457 So.2d 481 (Fla.1984); we therefore find that reversal under Neil is inappropriate. Parker v. State, 476 So.2d 134 (Fla.1985); Hamilton v. State, 487 So.2d 407 (Fla. 3d DCA 1986).

Affirmed.

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491 So. 2d 1153, 11 Fla. L. Weekly 1915, 1986 Fla. App. LEXIS 9210, Counsel Stack Legal Research, https://law.counselstack.com/opinion/macklin-v-state-fladistctapp-1986.

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