STATE v. BLACKHOOP

No. 1 CA-CR 11721.

158 Ariz. 472 (1988)

763 P.2d 536

STATE of Arizona, Appellee, v. Brian BLACKHOOP, Appellant.

Court of Appeals of Arizona, Division 1, Department A.

Petition for Review Granted in Part November 22, 1988.


Attorney(s) appearing for the Case

Robert K. Corbin, Atty. Gen. by William J. Schafer III, Chief Counsel, Crim. Div. and Joseph T. Maziarz, Asst. Atty. Gen., Phoenix, for appellee.

Gary Peter Klahr, Phoenix, for appellant.


OPINION

JACOBSON, Presiding Judge.

We must decide whether a procedure utilized by the trial judge to select alternate jurors, which resulted in the only two members of the jury who were of the same race as the defendant being named alternates, was improper.

The defendant, Brian Blackhoop, a native American, was charged by information with sexual assault, a class 2 felony, and criminal trespass, a class 6 felony. The defendant's jury trial resulted...

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