McKinney v. State

OPINION

BENAVIDES, Justice.

A jury found appellant guilty of unlawfully carrying a weapon. The trial court assessed punishment at confinement for 60 days in the Nueces County Jail and a fine of $300. Appellant contends that error occurred when the State struck the only black venireman, violating Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed. 2d 69 (1986). Additionally, appellant contends that he was illegally stopped by police officers and that the pistol seized as a result of that illegal stop should not have been admitted into evidence. We find merit in appellant’s three points of…