State v. Stewart

Missouri Court of Appeals

State v. Stewart

399 S.W.3d 517, 2013 WL 2300948, 2013 Mo. App. LEXIS 650

Procedural entryThis page is a short order in State v. Stewart. Read the opinion of the Court — 2011 Mo. App. LEXIS 987 →

Missouri Court of Appeals·Decided May 28, 2013·No. No. WD 75197·Published

Opinion

Order

PER CURIAM:

Gabriel Stewart appeals, following a jury trial, his conviction of resisting arrest, for which he was sentenced to a five-year term of imprisonment pursuant to section 217.862 (the Long-Term Drug Abuse Treatment Program). Stewart argues that the trial court erred in overruling his Batson objections to the prosecutor’s use of two of the State’s peremptory strikes following voir dire. Because Stewart failed to preserve his claim as to one juror and failed to meet his burden of demonstrating pretext as to the other, we reject his claims and affirm his conviction. Rule 30.25(b).

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Order

PER CURIAM:

Gabriel Stewart appeals, following a jury trial, his conviction of resisting arrest, for which he was sentenced to a five-year term of imprisonment pursuant to section 217.862 (the Long-Term Drug Abuse Treatment Program). Stewart argues that the trial court erred in overruling his Batson objections to the prosecutor’s use of two of the State’s peremptory strikes following voir dire. Because Stewart failed to preserve his claim as to one juror and failed to meet his burden of demonstrating pretext as to the other, we reject his claims and affirm his conviction. Rule 30.25(b).

State v. Stewart, 399 S.W.3d 517, 2013 WL 2300948, 2013 Mo. App. LEXIS 650 (Mo. Ct. App. 2013).

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