Appeal from Talladega Circuit Court. (CC-93-013). Jerry Fielding, TRIAL JUDGE. This Opinion Substituted by the Court for Withdrawn Opinion of September 30, 1994, Previously .
Application For Rehearing Granted December 2, 1994. Rule 39(k) Motion Denied December 2, 1994. Rule 39(k) Motion Denied July 28, 1995. Rehearing Denied July 28, 1995. Released For Publication February 20, 1996.
McMILLAN, Judge. All Judges concur.
The opinion of the court was delivered by: Mcmillan
ON APPLICATION FOR REHEARING
This Court's opinion of September 30, 1994, is hereby withdrawn and this opinion is substituted therefor.
The appellant was convicted of murder, a violation of § 13A-6-2, Code of Alabama 1975, and was sentenced to life imprisonment.
The appellant argues that the trial court erred in denying his motion based on Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986). Specifically, he argues that he established a prima facie case of racial discrimination by demonstrating that the State struck 7 of the 16 black veniremembers.
The following colloquy between the defense attorney, the prosecutor, and the trial court is pertinent to the resolution of this issue:
"[Defense counsel]: Judge, I would like to make a Batson motion before we start.
"[Defense counsel]: Your Honor, in striking the jury there were sixteen prospective black venirepersons.
"[Defense counsel]: Yes, ...