Florida District Courts of Appeal, 1990

Johnson v. State

Florida District Courts of Appeal · Decided December 21, 1990 · Lehan, Schoonover, Threadgill

574 So. 2d 1116; 1990 Fla. App. LEXIS 9615; 1990 WL 263529 (Southern Reporter, Second Series)

Cases that cite this one

1 later published case cites this decision.

Hill v. State (Fla. Dist. Ct. App. 1992)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

ON MOTION FOR REHEARING

THREADGILL, Judge.

Upon consideration of the appellant’s motion for rehearing, we withdraw our opinion of July 27, 1990, and substitute the following opinion.

We find no reversible error in the trial court’s sustaining the state’s peremptory challenge to a black juror. Green v. State, *1117572 So.2d 543 (Fla. 2d DCA 1990). We, therefore, affirm the appellant’s convictions and sentences for resisting arrest with violence and battery on a law enforcement officer. Costs and fees imposed against the appellant who is indigent are stricken, however, without prejudice to the state to have the costs reimposed upon proper notice and an opportunity to be heard.

SCHOONOVER, C.J., and LEHAN, J., concur.

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