Johnson v. State

Florida District Courts of Appeal
Johnson v. State, 574 So. 2d 1116 (1990)
1990 Fla. App. LEXIS 9615; 1990 WL 263529
Lehan, Schoonover, Threadgill

Johnson v. State

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.

Reference

Full Case Name
Melvin Wallace JOHNSON v. STATE of Florida
Cited By
1 case
Status
Published