ROBINSON V. STATE
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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2002 DEDRICK ROBINSON, Appellant, vs. ** ** ** THE STATE OF FLORIDA, Appellee. CASE NO. 3D02-643 ** LOWER TRIBUNAL NO. 00-24335 ** Opinion filed December 26, 2002. An Appeal from the Circuit Court for Miami-Dade County, Daryl E. Trawick, Judge. Bennett H. Brummer, Public Defender, and Robert Kalter, Assistant Public Defender, for appellant. Richard E. Doran, Attorney General, and Linda S. Katz, Assistant Attorney General, for appellee. Before LEVY, SHEVIN and RAMIREZ, JJ. SHEVIN, Judge. We reverse Dedrick T. Robinson s judgment of convictions upon the holding that the trial court erroneously disallowed defense counsel s peremptory challenge of prospective juror Mathews. The record demonstrates that defense counsel s reasons for the challenge were genuine. This court has held that [t]here is nothing in [State v.] Neil, [457 So. 2d 481 (Fla. 1984),] or its progeny, that forbids choosing among available jurors, even for capricious reasons, so long as the reasons are not racially discriminatory. Peremptory challenges are still presumed to be exercised in a nondiscriminatory manner. (Fla. 3d DCA 1997). Davis v. State, 691 So. 2d 1180, 1182 Although the strike in this case was questioned as being gender-discriminatory, this statement applies with the same force. Being the victim of a crime is a recognized neutral reason for striking a potential juror, Anderson v. State, 750 So. 2d 741 (Fla. 3d DCA 2000), and so is striking a potential juror who s relative has been arrested or charged with a crime. (Fla. 3d DCA 1994). See Allen v. State, 643 So. 2d 87 Therefore, the court erred in denying the strike; a new trial is required. Reversed and remanded. -2-
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