Tony HOUSE, Appellant,
v.
STATE of Florida, Appellee.
District Court of Appeal of Florida, Second District.
James Marion Moorman, Public Defender, and Kevin Briggs, Asst. Public Defender, Bаrtow, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Carol M. Dittmar, Asst. Public Defender, Tampa, for appellеe.
FRANK, Acting Chief Judge.
Tony House was convicted of first degree murder and attеmpted armed robbery after he and two codefendants shot and *648 killed a pedestrian who resisted the attempted crimе. During jury selection, House objected to the prosecution's use of peremptory challenges to strike two black vеnire persons. House argues that the explanations offered to strike the jurors are a mere pretext which find no basis in thе record.
The voir dire proceeding supports the race neutral explanation given to strike the first minority member of thе venire. We are not, however, satisfied that the record suрports the reason offered to strike Ms. Barrs, a black woman employed in the mental health field. At the moment that House indicated a substantial likelihood that the strike was racially groundеd, it became incumbent upon the state to rebut the inferenсe with a race neutral explanation. State v. Neil,
[T]he utter failure to question two of thе challenged jurors on the grounds alleged for bias ... renders the state's explanation immediately suspect. Moreover, we cannot accept the state's contention that all elementary school assistants, and these two in particulаr, were liberal. If they indeed possessed this trait, the state cоuld have established it by a few questions taking very little of the court's time.
Slappy,
At no point during voir dire did the state attempt to elicit from Ms. Barrs her political or social biases. Quite simply, she was asked no questions tending to confirm the state's misgivings about her ability to serve imрartially. On the contrary, she indicated her readiness to follow the law as charged on each element of robbery аnd felony murder. Thus, although we appreciate the trial judge's suрerior vantage point in assessing a prospective juror's predisposition for impartial service and the credibility of the prosecutor who challenges that service, see Reed v. State,
Accordingly, we reverse and remand for a new trial.
PATTERSON and ALTENBERND, JJ., concur.
