Kincey v. State

Pope, Judge.

Defendant Joseph Kincey appeals from his conviction and sentence for the offense of burglary. Held:

1. Defendant first contends that the State used its peremptory strikes in a racially discriminatory manner in violation of the mandate of Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). Defendant, who is black, was tried by an all-white jury after the State used three of its peremptory challenges to strike three blacks from the venire, which was composed of thirty-nine whites and three blacks. The record shows that two of the jurors were struck because they had…