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STATE v. CLAY

9702-31436; A98207.

27 P.3d 1110 (2001)

175 Or. App. 409

STATE of Oregon, Respondent, v. Gregory CLAY, Appellant.

Court of Appeals of Oregon.

Decided July 18, 2001.

Attorney(s) appearing for the Case

Steven V. Humber, Deputy Public Defender, argued the cause for appellant. With him on the brief was David E. Groom, Public Defender.

Laura S. Anderson, Assistant Attorney General, argued the cause for respondent. With her on the brief were Hardy Myers, Attorney General, and Michael D. Reynolds, Solicitor General.

Before EDMONDS, Presiding Judge, and DEITS, Chief Judge, and ARMSTRONG, Judge.

ARMSTRONG, J.

Defendant appeals his conviction for possession of a controlled substance. Defendant is African American. He argues that the trial court's disallowance of his objection to the state's peremptory challenges of all three of the African American jurors in the 27-person jury pool violated his right to equal protection under the Fourteenth Amendment to the federal constitution. He relies on Batson v. Kentucky, 476 U.S. 79

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