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Tyre v. State

The defendant's Batson motion was properly denied since the State offered racially-neutral reasons for its peremptory strikes and the defendant failed to establish that the reasons given were pretextual.

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After a jury trial, Arthur Tyre was convicted of rape, aggravated assault with intent to rape, armed robbery, and possession of a knife during the commission of a felony.1 He appeals from the denial of his motion for new trial, asserting the following enumerations: that the trial court erred in 1 denying his Batson motion; 2 overruling his challenge to the array; 3 admitting similar transaction testimony; and 4 denying his motions to suppress. Finding no error, we affirm.

Viewed in the light most favorable to the verdict, Jackson v. Virginia, 443 U. S. 307 99 SCt 2781, 61 LE2d 560 1979, the evidence adduced at trial shows that the victim in this case2 went with a friend on April 30, 2008, to Club Wax in Fulton County because they were seeking work as dancers there. The victim had worked as a prostitute in the past. While she was in the parking lot of Club Wax, Tyre pulled up to her in a silver Dodge Durango with custom rims and televisions in the back, and they agreed that Tyre would pay the victim $50 to engage in oral sex and sexual intercourse with him.

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