Smith v. State

ANDREWS, Presiding Judge.

On appeal from his conviction for attempted child molestation and other crimes, Marvin Smith argues inter alia that the evidence was insufficient and that the State’s peremptory strikes deprived him of a fair trial under Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). We find that the evidence against Smith was sufficient to sustain his conviction. However, because Smith made out a prima facie case of discrimination by reason of the State’s strikes of two African-American veniremen resulting in the total exclusion of African-Americans from the jury,…