Legal Opinion

Fulton v. State

District Court of Appeal of Florida

Decided September 28, 1994No. 93-2674PublishedCited by 1 opinion

1Per curiam

We find no abuse of discretion in the trial court’s disallowance of a defense peremptory challenge on the ground that the non-raeially based reasons asserted were pretextual. See State v. Slappy, 522 So.2d 18 (Fla.1988), cert. denied, 487 U.S. 1219, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988). In addition, the alleged error was not preserved because the defense used all of its allotted peremptory challenges on other prospective jurors. See Pentecost v. State, 545 So.2d 861, 863 n. 1 (Fla.1989); Rollins v. State, 148 So.2d 274 (Fla.1963); Aguilera v. State, 606 So.2d 1194, 1201-02 (Fla. 1st DCA…

2Cases cited4 opinions

  1. State v. DiGuilioSupreme Court of Florida · 1986
  2. State v. SlappySupreme Court of Florida · 1988
  3. Rollins v. StateSupreme Court of Florida · 1963
  4. Aguilera v. StateDistrict Court of Appeal of Florida · 1992

3Cited by1 opinion

  1. Liberty Mutual Insurance Group v. WilliamsDistrict Court of Appeal of Florida · 2000

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