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DE VAUGHN v. STATE

No. 04-06-00581-CR.

239 S.W.3d 351 (2007)

Lenard DE VAUGHN, Appellant, v. The STATE of Texas, Appellee.

Court of Appeals of Texas, San Antonio.

Discretionary Review Refused December 19, 2007.

Attorney(s) appearing for the Case

Angela J. Moore, Chief Public Defender, San Antonio, for Appellant.

Kevin P. Yeary, Asst. Crim. Dist. Atty., San Antonio, for Appellee.

Sitting: ALMA L. LÓPEZ, Chief Justice, SANDEE BRYAN MARION, Justice, PHYLIS J. SPEEDLIN, Justice.

OPINION

Opinion by SANDEE BRYAN MARION, Justice.

A jury found defendant, Lenard De Vaughn, guilty of burglary of a habitation, and the trial court assessed punishment at forty years' confinement. In three issues on appeal, defendant asserts the trial court erred in (1) denying his motion to suppress a pre-trial identification, (2) denying his motion for continuance, and (3) not instructing the jury on two lesser-included offenses. We affirm.

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