Opinion
88-1246.
August 25, 1989.
Petition for Writ of Certiorari to the Court of Criminal Appeals, 548 So.2d 1086.
J. Louis Wilkinson and Virginia A. Vinson, Birmingham, for petitioner.
Don Siegelman, Atty. Gen., for respondent.
We deny defendant's petition for certiorari. However, in so doing, we are not to be understood to agree with the rationale used by the Court of Criminal Appeals to conclude that Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986), does not apply in this case. See the standards we set forth in Ex parte Branch, 526 So.2d 609 (Ala. 1986).
WRIT DENIED.
HORNSBY, C.J., and MADDOX, ALMON, ADAMS and STEAGALL, JJ., concur.