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01/13/95 ANTOINE DRAKE v. STATE

January 13, 1995

ANTOINE DRAKE
v.
STATE



Appeal from Dallas Circuit Court. (CC-92-484). Jack Meigs, TRIAL JUDGE.

Released For Publication February 23, 1996.

Montiel, Judge. All the Judges concur.

The opinion of the court was delivered by: Montiel

MONTIEL, JUDGE

The appellant, Antoine Drake, was convicted of trafficking in cocaine and possession of cocaine without the appropriate tax stamps, violations of § 13A-12-231(2)(a) and § 40-17A-1 through 16, respectively, Code of Alabama 1975. The appellant was sentenced to 20 years' imprisonment for trafficking and 5 years' imprisonment for failing to affix tax stamps; both sentences were to run concurrently.

I.

The appellant claims that the trial court erred in denying his motion alleging that the state used its peremptory challenges in a racially discriminatory manner in violation of Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d 69 (1986). The record reveals that the following occurred after the jury was struck:

"Mr. Faile [defense counsel]: Judge, at this time, we offer to the Court, first of all for the record, the Defendant is a black male. The record would reflect that the State had 12 strikes and nine of those strikes were black strikes. We submit to the Court that that's prima facie evidence that that's in violation of the Batson case.

"The Court: What's the makeup of the jury?

"Mr. Henry [district attorney]: State's response is that the jury is going to be composed of 55 percent black in a county where the ratio, I think, is roughly equal. And that no prima facie showing of discriminatory pattern has been shown.

"The Court: How was -- what was his strikes? You said nine of 12?

"Mr. Faile: Yes, sir.

"The Court: Anything else you want to put on the record in ...


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