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STATE v. VARNER

Nos. 56905 and 59744.

837 S.W.2d 44 (1992)

STATE of Missouri, Respondent, v. Thomas VARNER, Appellant. Thomas VARNER, Movant-Appellant, v. STATE of Missouri, Respondent.

Missouri Court of Appeals, Eastern District, Division Seven.

September 22, 1992.

Attorney(s) appearing for the Case

Deborah B. Wafer, Asst. Public Defender, St. Louis, for appellant.

William L. Webster, Atty. Gen., Robin H. Grissom, Asst. Atty. Gen., Jefferson City, for respondent.

KAROHL, Chief Judge.

Defendant appeals a conviction of the class C felony of stealing, a violation of § 570.030.3 RSMo 1986. This case was previously tried twice. The first resulted in a mistrial when the jury was unable to reach a verdict, the second was a dismissal by motion of both parties. We now consider the appeal after a remand for an evidentiary hearing relating to a Batson claim. We reverse and remand for a new trial.

On July 2, 1986,...

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