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BURCH v. STATE

No. PD-0943-12.

401 S.W.3d 634 (2013)

Benjamin Knighten BURCH, Appellant v. The STATE Of Texas.

Court of Criminal Appeals of Texas.

June 26, 2013.

Attorney(s) appearing for the Case

Robert T. Baskett , Dallas, TX, for Appellant.

Shelly O'Brien Yeatts , Assistant District Attorney, Dallas, Lisa C. McMinn , State's Attorney, Austin, TX, for State.

WOMACK, J., delivered the opinion of the Court in which MEYERS, PRICE, JOHNSON, COCHRAN and ALCALA, JJ., joined.

We granted the State's Petition for Discretionary Review to determine whether the Confrontation Clause of the United States Constitution was violated by the admission of a drug analysis when only the reviewing analyst (not the testing analyst) testified. We hold that there was such an error and affirm the judgment of the Fifth Court of Appeals to remand...

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