final until disposition of timely filed motion for rehearing.
from the Circuit Court for the Fifteenth Judicial Circuit,
Palm Beach County; Jack S. Cox, Judge; L.T. Case No.
Haughwout, Public Defender, and Ian Seldin, Assistant Public
Defender, West Palm Beach, for appellant.
Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman,
Assistant Attorney General, West Palm Beach, for appellee.
and Forst, JJ., concur.
Klingensmith, J, concurs specially with opinion Klingensmith,
J, concurring specially.
case, defense counsel objected to the State exercising a
peremptory challenge against a white male juror who may have
identified with the Hispanic class. Defense counsel requested
both a race and gender neutral basis for the strike:
[Defense counsel]: Judge, we would object to the State
exercising a peremptory challenge against [the juror] who is
identified with the Hispanic class and would request a race
neutral --THE COURT: Okay.
[Prosecutor]: Judge, he's a white male.
[Defense counsel]: Well, we request the gender neutral
We would request both.
THE COURT: So your position is that he's Hispanic, okay,
and that ...