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848 S.W.2d 646

State v. Kalter

Missouri Court of Appeals

Decided March 16, 1993

Missouri Court of Appeals · decided 1993-03-16

Relies on Batson v. Kentucky · State v. Kalter

Decided 1993-03-16

¶1ORDER

PER CURIAM.

¶2Defendant, David Kalter, was convicted, after a jury trial, of forcible rape and two counts of forcible sodomy. He was sentenced to consecutive terms of imprisonment of 45 years, 5 years and life imprisonment.

¶3Defendant appealed to this court and the case was remanded for an evidentiary hearing to determine whether the State used its peremptory challenges during jury selection to exclude blacks in contravention of Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). In all other respects the convictions were affirmed. State v. Kalter, 828 S.W.2d 690 (Mo.App.1992).

¶4On remand, the trial court found the prosecutor’s articulated reasons for the challenged peremptory strikes to be legitimate, race-neutral, and nonpretextual and denied defendant relief. Defendant again appealed to this court.

¶5We have reviewed the record on appeal. No jurisprudential purpose would be served by a written opinion. The judgment of the trial court is affirmed. Rule 30.-25(b).

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