Chambers appeals from his conviction and sentence on one count of felony DUI. During the voir dire examination of jurors, Chambers peremptorily struck juror Laval-ley because her husband is a retired firefighter, police officer and paramedic. The following exchange occurred:
DEFENSE: We’ll strike Anita Lavalley, Your Honor.
PROSECUTOR: Ask counsel to state a gender-neutral reason for striking Ms. La-valley. She’s a woman.
DEFENSE: She said her husband was a cop, Your Honor.
The trial court sustained the State’s objection. Defendant contends that the trial court’s denial of his motion to peremptorily strike Lavalley constituted a reversible error.
Florida law presumes that a peremptory challenge has been exercised without invidious discrimination. Windom v. State,
REVERSED AND REMANDED FOR NEW TRIAL.
