Shawnest Angelo Ivey v. State of Florida

FIRST DISTRICT COURT OF APPEAL STATE OF FLORIDA _____________________________ No. 1D15-5803 _____________________________ SHAWNEST ANGELO IVEY, Appellant, v. STATE OF FLORIDA, Appellee. _____________________________ On appeal from the Circuit Court for Jackson County. Shonna Young Gay, Judge. March 20, 2020 ON REMAND FROM FLORIDA SUPREME COURT PER CURIAM. 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 (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. RAY, C.J., and MAKAR and NORDBY, JJ., concur. _____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331. _____________________________ Andy Thomas, Public Defender, and Jennifer P. LaVia, Special Public Defender, Tallahassee, for Appellant. Ashley Moody, Attorney General, and Michael McDermott, Assistant Attorney General, Tallahassee, for Appellee. 2