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LOPEZ v. STATE

No. 390-97.

954 S.W.2d 774 (1997)

Hermalando Ulloa LOPEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas, En Banc.

October 29, 1997.

Attorney(s) appearing for the Case

Christine Byrd Webb, Burnet, for appellant.

Matthew Paul, State's Atty., Austin, for State.

Before the court en banc.

State's petition for discretionary review refused.

McCORMICK, Presiding Judge, dissenting to Refusal of State's Petition for Discretionary Review.

This is yet another case in which a legally and factually guilty and fairly tried defendant's criminal conviction has been reversed on appeal for Batson error. See Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); Powers v. Ohio,

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