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James Darrell McCANTS, Appellant, v. STATE of Florida, Appellee

Florida District Court of Appeal2016-09-16No. No. 2D15-329
210 So. 3d 130

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Opinion

majority opinion

PER CURIAM.

For the reasons set forth in Ivy v. State, 196 So.3d 394, (Fla. 2d DCA 2016), we affirm. Again, we certify the following question of great public importance to the supreme court:

DURING A MELBOURNE V. STATE, 679 So.2d 759, 763 (Fla.1996), HEARING, WHEN A TRIAL COURT FINDS THAT THE PROPONENT’S REASON FOR A PEREMPTORY CHALLENGE IS FACIALLY NEUTRAL, IS IT THE BURDEN OF THE OPPONENT (1) TO CLAIM THE REASON IS A PRETEXT, (2) TO PLACE INTO THE RECORD THE CIRCUMSTANCES SUPPORTING ITS POSITION, AND (3) TO OBJECT IF THE TRIAL COURT’S RULING DOES NOT CONTAIN ADEQUATE FINDINGS ON THE ISSUE OF GENUINENESS? Affirmed; question certified.

WALLACE, KHOUZAM, and ROTHSTEIN-YOUAKIM, JJ., Concur.