Garcia v. State

ON MOTION FOR REHEARING

SALTER, J.

Upon consideration of the State’s motion for rehearing, we grant the motion in part and deny it in part. The opinion issued in this case on October 20, 2010, is hereby withdrawn and the following is substituted in its place.

*873Hector Garcia appeals his conviction and sentence for burglary of an unoccupied dwelling and felony theft. Finding that the trial court erred in disallowing a defense peremptory challenge to a prospective juror, we reverse and remand for a new trial.

Initially, jury selection in the ease proceeded smoothly and without incident. After six…