Clayton v. State

STONE, Judge.

The Appellant contends that the trial court abused its discretion in allowing the State to challenge a juror of a minority race because of a speech impediment. Appellant also asserts a sentencing error, as the trial court deviated from the guidelines without a valid reason for departure. We *827affirm the conviction but reverse the sentence and remand for resentencing.

The assistant state attorney, when questioned by the court with respect to the preemptory challenge, contended that the State feared that the speech impediment would prevent the juror from effectively communicating with…