Wilkins v. State, 94-2824

Decision Date30 August 1995
Docket NumberNo. 94-2824,94-2824
Citation659 So.2d 1273
Parties20 Fla. L. Weekly D1980 Steven WILKINS, Appellant, v. STATE of Florida, Appellee.
CourtFlorida District Court of Appeals

Richard L. Jorandby, Public Defender, and Ellen Morris, Asst. Public Defender, West Palm Beach, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and John Tiedemann, Asst. Atty. Gen., West Palm Beach, for appellee.

SORONDO, RODOLFO, Jr., Associate Judge.

Steven Wilkins appeals his convictions for one count of armed robbery and battery on a person sixty-five years of age or older. The trial court sentenced him to life imprisonment with a minimum mandatory fifteen years as a habitual violent offender on the armed robbery and to ten years with a minimum mandatory five on the second count. The sentences were run concurrently.

Wilkins raises five points on appeal only two of which merit discussion. During the course of jury selection the state excused juror Smith, an African-American. The defense made a timely objection, identified the juror as a member of a racially distinct group and argued that the peremptory was being exercised in a racially discriminatory manner. Pursuant to the Florida Supreme Court's decision in State v. Neil, 457 So.2d 481 (Fla.1984) the defense requested a Neil inquiry compelling the state to give a race-neutral reason for the exclusion of the juror.

The state responded that juror Smith, at the age of thirteen had been arrested and convicted for the crime of battery, essentially the same crime for which Wilkins was on trial. The court correctly ruled this to be a valid race-neutral reason. Knight v. State, 559 So.2d 327 (Fla. 1st DCA 1990); Miller v. State, 605 So.2d 492 (Fla. 3d DCA 1992); Roundtree v. State, 546 So.2d 1042 (Fla.1989).

The appellant argues that the prosecutor's stated reason, although arguably race-neutral, was in fact pretextual because he allowed three white jurors, who had either been arrested or had close relatives arrested, remain on the jury. State v. Slappy, 522 So.2d 18 (Fla.1988). This argument however was not made to the trial judge, consequently the court was not able to address the issue and the state was not given an opportunity to respond to the allegation of pretext.

More significantly, at the conclusion of the jury selection process the defendant accepted the jury as selected and did not repeat his objection to the exclusion of Mr. Smith from the jury. Nor did defense counsel accept the jury subject to his earlier stated objection. In Joiner v. State, 618 So.2d 174 (Fla.1993) the Supreme Court of Florida held that in order to preserve a Neil issue for appellate review the defendant must renew his/her earlier stated objection to the exercise of the state's peremptory challenge. The court stated:

We do not agree with Joiner, however, that he preserved the Neil issue for review....

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5 cases
  • Surloff v. Regions Bank
    • United States
    • Court of Appeal of Florida (US)
    • November 18, 2015
    ...maritime law is that a shipowner has a duty to prevent the foreseeable, self-inflicted injury of the ship's crew. See Rafferman, 659 So.2d at 1273.Obviously, banks and their clients do not share the same, close relationship as shipowners 179 So.3d 477and their seamen. A bank neither supervi......
  • Davis v. State, 96-1065
    • United States
    • Court of Appeal of Florida (US)
    • April 23, 1997
    ...of appellate review. Austin v. State, 679 So.2d 1197 (Fla. 3d DCA 1996), rev. denied, 689 So.2d 1068 (Fla.1997); Wilkins v. State, 659 So.2d 1273 (Fla. 4th DCA 1995). Had the defendant made this argument below, the trial judge would have been able to pursue the inquiry and demand a response......
  • Barr v. State, 95-2520
    • United States
    • Court of Appeal of Florida (US)
    • July 3, 1996
    ...to a black juror who had previously been arrested and jailed. Martinez v. State, 664 So.2d 1034 (Fla. 4th DCA 1995); Wilkins v. State, 659 So.2d 1273 (Fla. 4th DCA 1995); Miller v. State, 605 So.2d 492 (Fla. 3d DCA 1992), review denied, 613 So.2d 7 (Fla.1993); Knight v. State, 559 So.2d 327......
  • Glinton v. State, 4D06-132.
    • United States
    • Court of Appeal of Florida (US)
    • April 18, 2007
    ...also Carratelli v. State, 915 So.2d 1256, 1262 (Fla. 4th DCA 2005); Berry v. State, 792 So.2d 611 (Fla. 4th DCA 2001); Wilkins v. State, 659 So.2d 1273 (Fla. 4th DCA 1995). We recognize that it is possible to accept a juror, or panel, subject to an earlier objection. Mitchell v. State, 620 ......
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