Lorenzo Torres v. The State of Texas--Appeal from County Court at Law No. 1 of Caldwell County

IN THE COURT OF APPEALS, THIRD DISTRICT OF TEXAS,
AT AUSTIN
NO. 3-92-141-CR
LORENZO TORRES,

APPELLANT

 
vs.
THE STATE OF TEXAS,

APPELLEE

 
FROM THE COUNTY COURT AT LAW NO. 1 OF CALDWELL COUNTY
NO. 20,469, HONORABLE EDWARD L. JARRETT, JUDGE PRESIDING

PER CURIAM

A jury found appellant guilty of theft of property having a value of $250 or more but less than $750. Tex. Penal Code Ann. 31.03 (West 1989 & Supp. 1993). The court assessed punishment at incarceration for one year and a $500 fine.

In his first and second points of error, appellant complains that the court abused its discretion during voir dire by refusing to permit defense counsel to ask if any panel member would consider the skin color, heritage, or background of a witness in determining the veracity of his testimony. (1) The State concedes error. We agree with appellant and the State that the question posed by counsel was a proper one. The court's action was an abuse of discretion that denied counsel the opportunity to intelligently exercise his peremptory strikes. See Nunfio v. State, 808 S.W.2d 482 (Tex. Crim. App. 1991); Abron v. State, 523 S.W.2d 405 (Tex. Crim. App. 1975). Error of this sort is not subject to harm analysis under Tex. R. App. P. 81(b). Nunfio, 808 S.W.2d at 485. Points of error one and two are sustained. We need not address point of error three.

The judgment of conviction is reversed and the cause is remanded to the county court at law.

 

[Before Chief Justice Carroll, Justices Aboussie and Jones]

Reversed and Remanded

Filed: March 31, 1993

[Do Not Publish]

1. Appellant testified at trial.