864 S.W.2d 499 (Tex.Crim.App. 1993), 69337, Trevino v. State

Docket Nº:69337.
Citation:864 S.W.2d 499
Party Name:Joe Mario TREVINO, Appellant, v. The STATE of Texas, Appellee.
Case Date:May 26, 1993
Court:Court of Appeals of Texas, Court of Criminal Appeals of Texas

Page 499

864 S.W.2d 499 (Tex.Crim.App. 1993)

Joe Mario TREVINO, Appellant,


The STATE of Texas, Appellee.

No. 69337.

Court of Criminal Appeals of Texas.

May 26, 1993

Rehearing Denied Sept. 22, 1993.

Page 500

Art Brender, Terry M. Casey and Frank P. Colosi, court appointed on appeal, Fort Worth, Charles Van Cleve, court appointed on appeal, Arlington, for appellant.

Tim Curry, Dist. Atty. and C. Chris Marshall, Mary Thornton Taylor & Rufus Adcock, Asst. Dist. Attys, Fort Worth, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.



Appellant was convicted of capital murder. See Tex.Penal Code § 19.03(a)(2). On original submission, we overruled appellant's twenty-four points of error and affirmed his conviction. Trevino v. State, 815 S.W.2d 592 (Tex.Cr.App.1991). In that opinion, we concluded that appellant had failed in his second point of error to raise an equal protection claim regarding the prosecution's use of its peremptory challenges to strike black people from the venire panel. Id. at 598. The United States Supreme Court granted certiorari, concluded that appellant had preserved his equal protection claim, and remanded appellant's case to this Court. Trevino v. Texas, 503 U.S. 562, 112 S.Ct. 1547, 118 L.Ed.2d 193 (1991). We remanded appellant's case to the trial court with instructions that a full hearing be conducted for the purpose of assessing appellant's BATSON 1 contentions. Trevino v. State, 841 S.W.2d 385, 387 (Tex.Cr.App.1992). That hearing has been conducted and the record thereof is now before this Court. We will affirm appellant's conviction.

At the hearing, the trial court heard testimony from five witnesses from the prosecution concerning why peremptory challenges had been used to strike the three qualified black members of the venire, Margaret Sanders, Oscar Johnson, and Ella Hollie. Additionally, one of appellant's trial attorneys testified at the hearing. After the hearing, the trial court entered findings of fact and conclusions of law. The trial court found that the prosecution had exercised its peremptory challenges against Sanders, Johnson, and Hollie based upon race neutral reasons. We will overrule the trial court's determinations only if our review of the record reveals them to be clearly erroneous. DeBlanc v. State, 799 S.W.2d 701...

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