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REICH-BACOT v. STATE

No. 695-90.

815 S.W.2d 582 (1991)

Jesus REICH-BACOT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, En Banc.

Rehearing Denied September 18, 1991.

Attorney(s) appearing for the Case

Kerry P. Fitzgerald, Dallas, for appellant.

John Vance, Dist. Atty., Patricia Poppoff Noble, Julius Whittier and Jim Oatman, Asst. Dist. Attys., Dallas, Robert Huttash, State's Atty., Austin, for the State.

Before the court en banc.

OPINION ON STATE'S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of murder and assessed his punishment at seventy-five years incarceration and a ten thousand dollar fine. On direct appeal, the Fifth Court of Appeals reversed appellant's conviction based upon the prosecutor's improper use of a peremptory challenge pursuant to the Equal Protection guarantees addressed in Batson v. Kentucky, 476 U.S. 79

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