Sloan v. State

809 S.W.2d 224, 1991 Tex. Crim. App. LEXIS 78, 1991 WL 61740

Opinions

OPINION ON STATE’S PETITION FOR DISCRETIONARY REVIEW

PER CURIAM.

A jury convicted appellant of burglary of a building and assessed punishment at seven years confinement, probated. The Tyler Court of Appeals, relying on Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), and Keeton v. State, 724 S.W.2d 58 (Tex.Cr.App.1987), found the State improperly utilized a peremptory challenge to exclude from the jury the only member of appellant’s race and reversed the conviction. Sloan v. State, 809 S.W.2d 234 (Tex.App.—Tyler 1988).

We granted the State’s petition for discretionary review to determine the correctness of the Court of Appeals’ holding. After reviewing the Court of Appeals’ opinion, the briefs and the record, we conclude that the Court of Appeals reached the correct result and that our decision to grant this petition was improvident. Tex.R.App. Pro.Rule 202(k). As in every case where we determine that the decision to grant review was improvident we do not necessarily adopt either the language or reasoning of the lower court.

The State’s petition for discretionary review is dismissed.