11th Court of Appeals
Eastland, Texas
Opinion
Willie Lee Maxwell
Appellant
Vs. No. 11-03-00226-CR -- Appeal from Dawson County
State of Texas
Appellee
ON MOTION FOR REHEARING
In his motion for rehearing, Willie Lee Maxwell argues that this court failed to address the underlying merits of his Batson[1] 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.
JIM R. WRIGHT
JUSTICE
August 18, 2005
Do not publish. See TEX.R.APP.P. 47.2(b).
Panel consists of: Wright, J., and McCall, J.