COM. v. WEAVER


390 Pa.Super. 434 (1989)

568 A.2d 1252

COMMONWEALTH of Pennsylvania v. Harvey WEAVER, Appellant.

Supreme Court of Pennsylvania.

Filed December 1, 1989.

Reargument Denied February 12, 1990.


Attorney(s) appearing for the Case

Burton A. Rose, Philadelphia, for appellant.

Norman Gross, Asst. Dist. Atty., Philadelphia, for Com., appellant.

Before CIRILLO, President Judge, and ROWLEY and MONTEMURO, JJ.


ROWLEY, Judge:

This is a direct appeal from the judgment of sentence following appellant's conviction on charges of Conspiracy, Involuntary Deviate Sexual Intercourse and Possession of a Controlled Substance With Intent to Deliver. Appellant, represented by new counsel on appeal, is black and was tried by an all-white jury. Thus, this Court once again is called upon to apply criteria set forth by the U.S. Supreme Court in Batson v. Kentucky,

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