Howell v. State

Andre Howell challenges his conviction on the basis of an error that occurred during jury selection. Because Howell’s reason for the peremptory challenge was based on how the juror was looking at him and the court did not observe this, under Dorsey v. State, 868 So.2d 1192 (Fla.2003), the stated reason was not supported by the record and was properly denied.

When Howell attempted to exercise a peremptory challenge of juror Maria Ber-mudez, the prosecutor requested a gender neutral reason. The trial court added that the juror was Hispanic. Defense counsel stated that their client expressed…