State Of Washington, Respondent V. Harry T. Saylor, Appellant

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION ONE
STATE OF WASHINGTON,
Respondent,
v.
HARRY T. SAYLOR,
Appellant.
No. 80946-6-I
UNPUBLISHED OPINION
PER CURIAM — Harry Saylor was convicted by a jury of possession of
methamphetamine. Saylor appealed, arguing that the trial court improperly
excused a potential juror, identified in the record as an African-American woman, in
violation of GR 37, Batson v. Kentucky, 476 U.S. 79, 106 S. Ct. 1712, 90 L. Ed. 2d
69 (1986), and the Sixth Amendment to the United States Constitution. He argues
that the reasons the State gave for challenging the potential juror with a peremptory
strike were either not corroborated by the record or would be understood as a
reflection of unconscious racial bias to an objective observer.
The State concedes that, based on the totality of the circumstances in the
record, an objective observer could have viewed race or ethnicity as a factor in
the challenge to the potential juror. See GR 37(e) (If “an objective observer
could view race or ethnicity as a factor in the use of the peremptory challenge,
then the peremptory challenge shall be denied.”).

No. 80946-6-I/2
2
We accept the State’s concession. We reverse Saylor’s conviction for
possession of methamphetamine and remand for further proceedings.
FOR THE COURT: