Nance v. State

The appellant was convicted after a jury trial of unlawful distribution of a controlled substance, in violation of §13A-12-211, Code of Alabama 1975. He was sentenced to 10 years' imprisonment, and his sentence was split to 2 years' imprisonment and 5 years probation. He raises three issues on appeal.

I

The appellant argues that the trial court erred by denying his motion for mistrial based on Batson v. Kentucky,476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). This argument, however, is procedurally barred because the appellant failed to object prior to the impaneling and swearing of the…