State of Missouri, Respondent, v. Jermaine B. Davis, Appellant.

This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court. Opinion Missouri Court of Appeals Western District Case Style: State of Missouri, Respondent, v. Jermaine B. Davis, Appellant. Case Number: 51851 and 53916 Handdown Date: 06/16/1998 Appeal From: Circuit Court of Jackson County, Hon. David W. Shinn Counsel for Appellant: Rosemary E. Percival Counsel for Respondent: Daniel W. Follett Opinion Summary: None Citation: Opinion Author: PER CURIAM Opinion Vote: AFFIRMED. Breckenridge, P.J., Lowenstein and Spinden, J.J., concur. Opinion: ORDER Jermaine Davis appeals from his convictions of one count of murder in the first degree in violation of Section 565.020, RSMo 1994, and one count of armed criminal action in violation of Section 571.015, RSMo 1994. Mr. Davis contends that the trial court erred by overruling his objection to the State's closing argument because the prosecutor improperly argued matters outside the evidence. Mr. Davis also claims that the trial court erred by overruling his Batson(FN1) objections to the State's use of peremptory strikes to remove two venirepersons because Mr. Davis made a prima facie case of racially discriminatory exercise of peremptory challenges and the State offered only a pretextual explanation for the challenges. In addition, Mr. Davis appeals from the motion court's denial of his Rule 29.15 motion for post-conviction relief after an evidentiary hearing. The judgments of the trial court and motion court are affirmed. Rules 30.25(b) and 84.16(b).

Footnote: FN1.Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Separate Opinion: None This slip opinion is subject to revision and may not reflect the final opinion adopted by the Court.