Silva v. State

OPINION

BUTTS, Justice.

This is an appeal from a conviction for voluntary manslaughter with punishment assessed at ten years’ imprisonment.

There are two points of appeal, both contending error occurred during trial. The first is that the trial court erred by denying appellant’s Batson v. Kentucky1 challenge to the State’s exclusion from the jury of persons of Hispanic surname.

After the peremptory strike lists of appellant and the prosecution were completed 2, appellant obtained a hearing based on the prosecution striking persons with Hispanic surnames from the jury venire, which resulted in an…