Florida District Courts of Appeal, 1998

Archie v. State

Florida District Courts of Appeal · Decided May 20, 1998 · Fletcher, McDonald, Schwartz

710 So. 2d 234; 1998 Fla. App. LEXIS 5598; 1998 WL 251083 (Southern Reporter, Second Series)

Cases that cite this one

3 later published cases cite this decision.

State v. Whitby (Fla. 2008)
State v. Whitby (Fla. 2008)
Whitby v. State (Fla. Dist. Ct. App. 2006)

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

PER CURIAM.

Freddie Dee Archie appeals his conviction for aggravated assault, contending that he was improperly denied a peremptory challenge. Our review of the record fails to reveal — and the State is unable to point to— the demonstrations required to be made by the State, as the party opposing the peremptory challenge, that the challenged person is a member of a distinct racial group, and that the peremptory challenge is motivated by that fact. Archie’s peremptory challenge was therefore improperly denied. See Melbourne v. State, 679 So.2d 759 (Fla. 1996); State v. Neil, 457 So.2d 481 (Fla. 1984). Archie’s conviction and sentence are reversed and the case is remanded for a new trial.

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