Willie Lee Maxwell v. State ( 2005 )

                                                             11th Court of Appeals

                                                                  Eastland, Texas

                                                                        Opinion

Willie Lee Maxwell

Appellant

Vs.                   No. 11-03-00226-CR -- Appeal from Dawson County

State of Texas

Appellee

ON MOTION FOR REHEARING

In his motion for rehearing, Willie Lee Maxwell argues that this court failed to address the underlying merits of his Batson^[1] claim.  Appellant has not properly presented the underlying merits of his Batson claim to this court for review.  Appellant=s sole point of error was a claim of ineffective assistance of counsel.  See TEX.R.APP.P. 38.1(h).  In this case, the underlying merits of appellant=s Batson claim are not subsidiary questions of his sole issue of counsel=s effectiveness and are not properly before this court.  See TEX.R.APP.P. 38.1(e).

The motion for rehearing is denied.

JIM R. WRIGHT

JUSTICE

August 18, 2005

Do not publish.  See TEX.R.APP.P. 47.2(b).

Panel consists of: Wright, J., and McCall, J.

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^[1]Batson v. Kentucky, 476 U.S. 79 (1986).