Florida District Courts of Appeal, 1991

Arnold v. State

Arnold v. State
Florida District Courts of Appeal · Decided January 16, 1991 · Letts, Polen, Warner
572 So. 2d 1026; 1991 Fla. App. LEXIS 218; 1991 WL 2745 (Southern Reporter, Second Series)

Arnold v. State

Opinion of the Court

LETTS, Judge.

We reverse and remand for a new trial. The reasons given by the prosecutor to justify the exercise of the peremptory challenge of a black juror are not supported anywhere in the record. See State v. Neil, 457 So.2d 481 (Fla. 1984); Floyd v. State, 569 So.2d 1225 (Fla. 1990).

REVERSED and REMANDED.

POLEN, J., concurs. WARNER, J., concurs specially with opinion.

Concurring Opinion

WARNER, Judge,

concurs specially.

I concur in the reversal. However, on retrial I believe it would be error to admit the contents of a BOLO which described the defendant based on State v. Baird, 572 So.2d 904 (Fla. 1990), and Harris v. State, 544 So.2d 322 (Fla. 4th DCA 1989).

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