Tommy West v. State of Florida

HAIMES, DAVID A., Associate Judge.

Defendant Tommy West appeals his conviction and sentence for aggravated battery with a deadly weapon causing great bodily harm. He raises several issues on appeal. Because we agree that the trial court erred in failing to conduct a “genuineness analysis” of the State’s peremptory challenge of a Hispanic juror, we reverse and remand for a new trial. 1

During jury selection, the State exercised a peremptory challenge against a prospective juror as follows:

[Defense]: Your Honor, again, a race neutral reason?

[Court]: What race is she?

[Defense]: She’s Spanish.

[Court…