State v. Frelo

Hannon, D.J.

The defendant was convicted of possession of cocaine with intent to deliver, and he was sentenced to imprisonment for not less than 3 nor more than 5 years. He assigns two errors: one, that the trial court erred in overruling the defendant’s motion for a mistrial on the basis that the prosecuting attorney struck 4 of 5 black persons on the panel of 24 venire members that had been passed for cause. The defendant also claims the sentence was excessive.

No record was made of the jury selection process. Immediately after the jury was impaneled and sworn, the defendant’s counsel moved…