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ARCHIE v. STATE

District Court of Appeal of Florida, Third District.
May 20, 1998
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PER CURIAM.

Freddie Dee Archie appeals his conviction for aggravated assault, contending that he was improperly denied a peremptory challenge. Our review of the record fails to reveal — and the State is unable to point to — the demonstrations required to be made by the State, as the party opposing the peremptory challenge, that the challenged person is a member of a distinct racial group, and that the peremptory challenge is motivated by that fact. Archie's peremptory challenge was therefore improperly denied.See Melbourne v. State, 679 So.2d 759 (Fla. 1996); State v. Neil, 457 So.2d 481 (Fla. 1984). Archie's conviction and sentence are reversed and the case is remanded for a new trial.