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Jones v. State

Florida Court of Appeals, Fourth District

November 1, 2017

JOEL IVORY JONES, Appellant,
v.
STATE OF FLORIDA, Appellee.

         Not final until disposition of timely filed motion for rehearing.

         Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Jack S. Cox, Judge; L.T. Case No. 50-2014-CF-008606-AXXX-MB .

          Carey Haughwout, Public Defender, and Ian Seldin, Assistant Public Defender, West Palm Beach, for appellant.

          Pamela Jo Bondi, Attorney General, Tallahassee, and Rachael Kaiman, Assistant Attorney General, West Palm Beach, for appellee.

          Per Curiam.

         Affirmed.

          Conner and Forst, JJ., concur.

          Klingensmith, J, concurs specially with opinion Klingensmith, J, concurring specially.

         In this 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 reason.
We would request both.
THE COURT: So your position is that he's Hispanic, okay, and that ...

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