Smith v. State

ON RETURN TO REMAND

McMillan, judge.

This cause was remanded to the trial court for the resolution of two matters: one from the guilt phase and one from the sentencing phase. 588 So.2d 561. The trial court was instructed to make findings of fact regarding the racial composition of the venire and', specifically, the race of those veniremembers who were struck by the State. The trial court was to determine whether a prima facie case of racial discrimination on the part of the State existed and, if so, to require the prosecutor to come forward with reasons for his strikes of black veniremembers.…