Whitaker v. State

Rolando Whitaker (“defendant”) appeals his conviction for possession and sale of cocaine. Because the number of peremptory challenges afforded a defendant is determined by the statutorily prescribed penalty for the offense charged, we affirm.

The defendant was charged with one count of unlawful sale or delivery of cocaine on or near school property, a first degree felony, and one count of possession with intent to sell or deliver cocaine, a second degree felony. Prior to trial, the State sought to declare the defendant an habitual offender and enhance his penalty to a potential life sentence…