Appellant, Jason Rodriguez, was convicted of battery on a law enforcement officer
When defense counsel requested a race-neutral reason for striking Robert Cook, a black church pastor, the prosecutor explained that he believed that Cook, as a pastor, would be sympathetic. The prosecutor acknowledged that Cook said his personal or religious beliefs would not prevent him from sitting in judgment of others. However, the prosecutor expressed his concern that because Cook was “a person that listens and deals with the problems of a large number [of people] in his community,” he might have difficulty setting aside feelings of sympathy. Agreeing that religion-based professionals, such as pastors, ministers, and rabbis tend to be more sympathetic, the trial court found the state’s race-neutral reason to be genuine and allowed the strike.
“[A] trial judge’s ruling on the ‘genuineness’ of a peremptory challenge ‘will be affirmed on appeal unless clearly erroneous.’ ” See Young v. State,
AFFIRMED.
