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CLEVELAND v. STATE

No. 2-86-078-CR.

730 S.W.2d 886 (1987)

George Allen CLEVELAND, Appellant, v. The STATE of Texas, State.

Court of Appeals of Texas, Fort Worth.

June 11, 1987.

Attorney(s) appearing for the Case

Alley & Alley, and T. Richard Alley, Fort Worth, for appellant.

Tim Curry, Dist. Atty., and Betty Stanton, Asst. Dist. Atty., Fort Worth, for State.

Before JOE SPURLOCK, II, FARRIS and KELTNER, JJ.

OPINION ON MOTION FOR REHEARING

KELTNER, Justice.

In its motion for rehearing, the State contends that it never had an opportunity to explain its use of peremptory challenges because the trial court never ruled that Cleveland had established a prima facie case of discrimination.1 The State also contends the motion for new trial hearing was not a proper "Batson hearing." Accordingly...

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