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YOCOM v. STATE

No. PD-0991-04.

149 S.W.3d 159 (2004)

Matthew Devin YOCOM, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 10, 2004.

Attorney(s) appearing for the Case

Brian W. Wice, Houston, for Appellant.

Anne Swenson, Assistant District Attorney, Fort Worth, Matthew Paul, State's Attorney, Austin, for State.

Petition for discretionary review refused.

MEYERS, J., filed a dissenting opinion, in which KEASLER and HERVEY, JJ., join.

I dissent to the Court's failure to grant Appellant's petition for discretionary review in this case. Appellant contends that:

The Court of Appeals erred in holding that Appellant failed to preserve the claim that the trial court erred in refusing to provide Appellant with the opportunity to have the court determine the admissibility...

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