Sparks v. State

• Decision Date: 23 September 1986
• Docket Number: No. 72891,72891
• Citation: Sparks v. State, 349 S.E.2d 504, 180 Ga.App. 467 (Ga. App. 1986)
• Parties: SPARKS v. The STATE.
• Court: Georgia Court of Appeals

Page 504

349 S.E.2d 504

180 Ga.App. 467

SPARKS v. The STATE.

No. 72891.

Court of Appeals of Georgia.

Sept. 23, 1986.

Rehearing Denied Oct. 7, 1986.

Bentley C. Adams III, Thomaston, for appellant.

Johnnie L. Caldwell, Jr., Dist. Atty., Paschal A. Engish, Jr., J. David Fowler, Asst. Dist. Attys., for appellee.

SOGNIER, Judge.

Appellant was convicted of armed robbery, aggravated assault and possession of a firearm by a convicted felon. He appeals on several grounds, including violation of his constitutional rights through the prejudicial striking of all black jurors through the use of peremptory challenges in violation of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

In this case appellant made proper objection (albeit by a motion for mistrial) to removal of all black persons on the venire by the prosecutor's use of peremptory challenges. Although the State contends the motion was not timely, it was made at a motion hearing immediately following selection and empaneling of the jury, which was the first opportunity appellant had to raise the issue. Because the trial court rejected the objection without requiring the prosecutor to give an explanation for his actions, we remand the case for further proceedings pursuant to the principles enunciated in Batson v. Kentucky, supra. The trial court will determine as a matter of fact if the...