Bess v. State

Johnson, Judge.

A jury found Tommy Lee Bess guilty of possession of cocaine with intent to distribute and possession of less than one ounce of marijuana. He appeals his conviction and the denial of his motion for a new trial, raising three enumerations of error.

1. Bess first contends that the state violated Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986) by exercising its peremptory strikes in a discriminatory manner. The state exercised five of its ten peremptory strikes. Each of the state’s peremptory strikes was used to excuse an African-American. Following a Batson motion…