IN THE COURT OF CRIMINAL APPEALS

OF TEXAS



NO. 1101-00

 

BENITO GUZMAN, Appellant



v.



THE STATE OF TEXAS



ON STATE'S PETITIONS FOR DISCRETIONARY REVIEW

FROM THE FIFTH COURT OF APPEALS

DALLAS COUNTY

 Johnson, J., filed a dissenting opinion.



D I S S E N T I N G  O P I N I O N





I respectfully dissent. Batson sets out that the opponent of the strike must make a prima facie case of discrimination on the basis of a suspect class, the proponent must then justify the strike on a basis which is neutral as to a suspect class, and the opponent may then challenge the validity of the proponent's explanation. Finally, the trial court decides whether an improper strike has been proved. If we will now condone strikes which are partially motivated by improper discrimination, we must also demand a heightened level of scrutiny by the trial court. To fail to do so will, I fear, encourage explanations which appear to pass muster if not looked at too closely, but would rightly be found to be improper if examined under an appropriately higher level of scrutiny.



Johnson, J.

En banc

Filed: May 22, 2002

Publish