Linscomb v. State

*165OPINION ON APPELLANT’S PETITION FOR DISCRETIONARY REVIEW

BENAVIDES, Judge.

Appellant was convicted of delivering cocaine in violation of the Texas Controlled Substances Act.1 His punishment, enhanced by two prior felony convictions, was assessed at imprisonment for 45 years.2 On appeal, he alleged that four African-Americans were purposefully excluded from the jury selected to try him in violation of the Fourteenth Amendment, as authoritatively construed in Batson v. Kentucky.3 The Court of Appeals, however, affirmed his conviction, holding that no error arose from the exclusion of these…