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WINSTON v. STATE

No. 14-00-00987-CR.

78 S.W.3d 522 (2002)

Marcus Omar WINSTON, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, Houston (14th Dist.).

Rehearing Overruled June 6, 2002.

Attorney(s) appearing for the Case

Cary Marshall Faden, Sugarland, for appellants.

John Harrity, III, Richmond, for appellees.

Panel consists of Justices YATES, EDELMAN, and WITTIG.

OPINION

LESLIE BROCK YATES, Justice.

A jury convicted appellant, Marcus Omar Winston, of burglary of a habitation and assessed punishment at six years' confinement and a $2,000 fine. In two points of error, appellant challenges the trial court's (1) denial of a motion under Texas Rule of Evidence 702 to exclude evidence of a scent lineup and (2) denial of appellant's motion for directed verdict based upon the scent lineup evidence. We affirm.

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