620 So. 2d 1231 | Fla. | 1993
We review Suggs v. State, 603 So.2d 6 (Fla. 5th DCA1992), in which the district court held that Richard Suggs (Suggs) waived his Neil
We held in Joiner v. State, 618 So.2d 174 (Fla.1993), that moving to strike the jury panel is not the only way to preserve a Neil objection for review; accepting a jury subject to an earlier Neil objection is sufficient to preserve the issue of alleged racial bias in the exercise of peremptory challenges. Suggs accepted his jury subject to an earlier-made Neil objection.
It is so ordered.
. State v. Neil, 457 So.2d 481 (Fla.1984), clarified, State v. Castillo, 486 So.2d 565 (Fla.1986).
. "The court asked the attorneys whether the panel was acceptable. The prosecutor accepted the jury panel. Defense counsel said, 'That’s acceptable, your Honor, other than our prior objection to the striking of [juror] number one [based on State v. Neil, 457 So.2d 481 (Fla.1984), clarified, State v. Castillo, 486 So.2d 565 (Fla.1986)].”' Suggs v. State, 603 So.2d 6, 8 (Fla. 5th DCA1992).