Marshall v. State

SCHOONOVER, Judge.

The appellant, Lebrón Cardilia Marshall, challenges a trial court order finding that the state properly exercised two peremptory challenges during the jury selection stage of appellant’s trial for the crimes of capital sexual battery and lewd and lascivious conduct. We agree with the state’s contention that upon remand from this court after the appellant’s first appeal, the state presented sufficient evidence to support a finding that the two peremptory challenges in question were based on race neutral, nonpretextual reasons. Because the evidence was not presented at the…