Wood v. State, CR-93-2206
Citation | 705 So.2d 514 |
Decision Date | 24 March 1995 |
Docket Number | CR-93-2206 |
Parties | Mark William WOOD v. STATE. |
Court | Alabama Court of Criminal Appeals |
James Scroggins, Daphne, for appellant.
Jeff Sessions, atty. gen., and Thomas Leverette, asst. atty. gen., for appellee.
The appellant, Mark William Wood, appeals his conviction of burglary in the third degree, in violation of § 13A-7-7, Code of Alabama 1975. He was sentenced to 15 years' imprisonment and was ordered to pay $50 to the crime victims compensation fund.
The appellant argues that the trial court erred in denying his motion based on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Specifically, he argues that he established a prima facie case of racial discrimination by demonstrating that the State struck a black veniremember who failed to answer any questions presented by the State during voir dire examination.
The following colloquy between the defense attorney and the trial court is pertinent to the resolution of this issue:
Recently, the Alabama Supreme Court in Ex parte Thomas, 659 So.2d 3 (Ala.1994), disapproved of the following dicta in Harrell v. State, 571 So.2d 1270, 1271-72 (Ala.1990): "[w]hen the evidence shows only that blacks were struck and that a greater percentage of blacks sat on the jury than sat on the lawfully established venire, an inference of discrimination has not been created." The Thomas court stated:
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