Perez v. State

• Decision Date: 20 August 1991
• Docket Number: No. 90-447,90-447
• Citation: 584 So.2d 213
• Parties: Emilio PEREZ, Appellant, v. The STATE of Florida, Appellee. 584 So.2d 213, 16 Fla. L. Week. D2211
• Court: Florida District Court of Appeals

Page 213

584 So.2d 213

Emilio PEREZ, Appellant, v.The STATE of Florida, Appellee.

No. 90-447.

584 So.2d 213, 16 Fla. L. Week. D2211

District Court of Appeal of Florida Third District.

Aug. 20, 1991.

Bennett H. Brummer, Public Defender, and Robert Kalter, Asst. Public Defender, for appellant.

Robert A. Butterworth, Atty. Gen., and Angelica Zayas, Asst. Atty. Gen., for appellee.

Before BASKIN, FERGUSON and LEVY, JJ.

PER CURIAM.

Emilio Perez appeals a judgment of conviction for armed robbery.The record demonstrates that the state questioned defendant's use of a peremptory challenge to exclude a black juror from the venire; that the court required the defense to give its reason for the challenge; and that defense counsel gave reasons.Although the trial court expressly stated that it would not make a finding as to whether defendant attempted to use the peremptory challenge solely for a racially motivated reason to exclude the juror, it ordered the challenged juror seated.The trial court erred in expressly refusing to rule whether defendant's reasons for exercising a peremptory challenge to...