Citation Codes Equivalent Citations citation codes Docket Number No. 88-491. Attorney(S) Bennett H. Brummer, Public Defender, and Rosa C. Figarola, Asst. Public Defender, for appellant. Robert A. Butterworth, Atty. Gen., and Joan L. Greenberg, Asst. Atty. Gen., for appellee. See more information ... Smart Summary Please sign up to generate summary. JOHN HENRY ALBURY, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE. ON CONFESSION OF ERROR PER CURIAM. To justify the exercise of a peremptory challenge, which led to the dismissal of the first of only two remaining African-American members of a panel of prospective jurors, the prosecutor explained that the juror was from a "lower socioeconomic background" (her father, allegedly, was a taxi driver). No explanation, at all, was given to explain the dismissal of a second black venireperson. The trial judge overruled the defendant's objections, swore the panel, and proceeded to trial. The defendant was convicted. As the attorney general properly concedes — on the authority of State v. Slappy, 522 So.2d 18 (Fla.), cert. denied, ___ U.S. ___, 108 S.Ct. 2873, 101 L.Ed.2d 909 (1988) — reversal is required. There was not a sufficient showing by the State to rebut the inference of discrimination in selecting jurors. Reversed and remanded for a new trial.