Affirmed. See Knight v. State, 919 So. 2d 628, 632 (Fla. 3d DCA 2006) (“A
trial court’s determination that a peremptory strike is genuine, rather than
pretextual, ‘will be affirmed on appeal unless clearly erroneous.’” (quoting
Melborune v. State, 679 So. 2d 759, 764-65 (Fla. 1996))).
Judge Tony Marin joins the wall of fame for denying a 3.850 motion and attaching relevant portions of the record to refute the allegations of the defendant. Now how hard is that to do?
Well, it was too hard for Judge Reemberto Diaz, who gets into the hall of shame for his failure to do just that in Gonzalez v. State.
*that wasn't really the theme of his speech, but it should have been.