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Lawskills.com Georgia Caselaw
PITTMAN v. THE STATE.
77579.
BENHAM, Judge.
Drug violation. Jackson Superior Court. Before Judge Brooks.
Appellant was convicted of possession of cocaine; possession of marijuana with intent to distribute; obstruction of law enforcement officers with threat of violence; obstruction of law enforcement officers; possession of a firearm during commission of a felony; carrying a concealed weapon; and carrying a weapon without a license. On appeal, he raises two enumerations of error. Finding no such errors, we affirm the judgment of conviction.
1. After the jury had been struck and sworn, appellant moved for a mistrial, contending that the State's striking of the two black venirepersons because they knew appellant was a violation of Batson v. Kentucky, 476 U. S. 79 (106 SC 1712, 90 LE2d 69) (1986). Our Supreme Court has held that "any claim under Batson should be raised prior to the time the jurors selected to try the case are sworn." State v. Sparks, 257 Ga. 97, 98 (355 SE2d 658) (1987). Since appellant's motion was not timely made, we cannot consider its merits. Compare Adams v. State, 186 Ga. App. 599 (2) (367 SE2d 871) (1988).
There being evidence to support the trial court's determination that no warrant was needed, we affirm the judgment. Id., Division 2.
Timothy G. Madison, District Attorney, for appellee.
Jack S. Davidson, Walter B. Harvey, for appellant.
DECIDED JANUARY 4, 1989.
Thursday May 21 11:29 EDT


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