Winston v. State

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.

Background and Procedural History

On May 18, 1999, the complainant’s son called to tell her their home had been burglarized. When she got home, she noticed…