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MOSS v. STATE

No. 10-93-077-CR.

877 S.W.2d 895 (1994)

Earnest MOSS, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Waco.

Rehearing Denied June 15, 1994.

Attorney(s) appearing for the Case

Joe Cannon, Cannon and Simmons, Groesbeck, for appellant.

J. Keith Meredith, County & Dist. Atty., Fairfield, for appellee.

Before THOMAS, C.J., and CUMMINGS and VANCE, JJ.

OPINION ON MOTION FOR REHEARING

THOMAS, Chief Justice.

On original submission we held that Moss failed to preserve his Batson complaint because his motion was not timely. See Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986); Hill v. State, 827 S.W.2d 860, 864 (Tex.Crim.App.), cert. denied, ___ U.S. ___, 113 S.Ct. 297, 121 L.Ed.2d 221 (1992...

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