Nickerson v. State

McMILLAN, Judge.

The appellant was found guilty of robbery in the first degree and was sentenced to a term of life imprisonment.

The appellant is black and claims that the trial court erred in denying his motion for a mistrial because the prosecutor systematically excluded blacks from the jury. The record is not clear as to whether there were four or five blacks on the ve-nire; however, the State used its first three strikes to strike blacks from the jury. At that point, the defense counsel moved for a mistrial, asking that a new venire be drawn. His motion was overruled by the trial court. No…