Smith v. State

On Motion for Rehearing

ROTHENBERG, Judge.

The defendant’s motion for rehearing is denied. We, however, withdraw our former opinion dated January 31, 2007, and substitute the following opinion in its stead.

The sole issue raised in this appeal is whether the trial court erred in denying defense counsel’s peremptory challenge of a prospective juror. As we find no error, we affirm.

During jury selection, the defense moved to exercise a peremptory challenge to strike juror Buchholz. The following took place:

DEFENSE: We are going to ask for a peremptory on Mr. Buchholz, No. 12.

STATE: Judge, I would—

CO…