STATE v. BENDER

No. 2012-KA-1682.

120 So.3d 867 (2013)

STATE of Louisiana v. David E. BENDER.

Court of Appeal of Louisiana, Fourth Circuit.

July 17, 2013.


Attorney(s) appearing for the Case

Leon A. Cannizzaro, Jr. , District Attorney, Scott G. Vincent , Assistant District Attorney, Parish of Orleans, New Orleans, LA, for the State of Louisiana/Appellee.

Holli Herrle-Castillo , Louisiana Appellate Project, Marrero, LA, for Appellee/State of Louisiana.

(Court composed of Judge DANIEL L. DYSART, Judge ROSEMARY LEDET, Judge SANDRA CABRINA JENKINS).


ROSEMARY LEDET, Judge.

This is a criminal appeal. The defendant, David Bender, appeals his conviction and sentence for simple burglary of a vehicle, a violation of La. R.S. 14:62. Finding merit to Mr. Bender's argument that the district court erred in accepting the State's use of a juror's prior convictions as a race-neutral reason for a peremptory strike during a Batson challenge, we reverse his conviction and remand for a new trial.1

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