Gardner v. State

OPINION

MIRABAL, Justice.

A jury found appellant guilty of burglary of a motor vehicle with intent to commit theft. After finding one enhancement paragraph true, the jury assessed punishment at 20 years confinement and a fine of $2,500.

The trial commenced on November 21, 1988, but after jury selection and presentation of some evidence, the judge declared a mistrial, and impaneled another jury. The second trial concluded the next day.

In his sole point of error, appellant contends that the trial court committed reversible error by overruling his “Batson” motion. 1

The venire from which the second…