Commonwealth v. Weaver

ROWLEY, Judge:

This is a direct appeal from the judgment of sentence following appellant’s conviction on charges of Conspiracy, Involuntary Deviate Sexual Intercourse and Possession of a Controlled Substance With Intent to Deliver. Appellant, represented by new counsel on appeal, is black and was tried by an all-white jury. Thus, this Court once again is called upon to apply criteria set forth by the U.S. Supreme Court in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986).

Only the briefest summary of the facts is necessary. At the invitation of appellant’s co-defendant Eric…