Opinion
No. 11-03-00226-CR
August 18, 2005. DO NOT PUBLISH. Tex.R.App.P. 47.2(b).
Appeal from Dawson County. On Motion for Rehearing.
Panel consists of: WRIGHT, J., and McCALL, J.
OPINION
In his motion for rehearing, Willie Lee Maxwell argues that this court failed to address the underlying merits of his Batson claim. Appellant has not properly presented the underlying merits of his Batson claim to this court for review. Appellant's sole point of error was a claim of ineffective assistance of counsel. See TEX.R.APP.P. 38.1(h). In this case, the underlying merits of appellant's Batson claim are not subsidiary questions of his sole issue of counsel's effectiveness and are not properly before this court. See TEX.R.APP.P. 38.1(e). The motion for rehearing is denied.
Batson v. Kentucky, 476 U.S. 79 (1986).