IVEY v. STATE (2020)

On Remand from Florida Supreme Court

The original decision in this case reversed the conviction of Shawnest Angelo Ivey and remanded for a new trial based on the State’s improper peremptory challenge. Ivey v. State, 42 Fla. L. Weekly D2004, ––– So.3d ––––, 2017 WL 4018836 (Fla. 1st DCA Sept. 13, 2017). Upon review, the Florida Supreme Court has quashed that decision based on defense counsel’s failure to properly preserve Ivey’s objection. State v. Ivey, 285 So. 3d 281 (Fla. 2019). As such, we set aside our decision and remand for affirmance of Ivey’s conviction. In doing so, we affirm as to Ivey’s claim that the trial court erred in denying his motion to suppress.

Affirmed.

Per Curiam.

Ray, C.J., and Makar and Nordby, JJ., concur.