Bennett v. State

MONTIEL, Judge.

The appellant, Otto Bennett, was found guilty by a jury of violating § 13A-11-72, Code of Alabama 1975, and was sentenced to three years’ imprisonment.

The only issue raised in this appeal is whether the State’s striking of two black prospective jurors from the jury venire violated Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Batson forbids the prosecutor from challenging potential jurors solely on account of their race. Once the defendant makes a prima facie showing of an inference of discrimination, the burden shifts to the State to provide racially…