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Osbourn v. State

An officer's non-scientific, non-technical testimony based on her impressions and conclusions derived from perceptions of what she saw, heard and observed at the scene based on her experience and training is admissible under Rule 701 of the Texas Rules of Evidence as opinion testimony by a lay witness.

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Appellant appeals her conviction for possession of marihuana, a usable amount of less than two ounces. Tex. Health & Safety Code Ann. � 481.121(a)(b)(1) (West Supp. 2001). Appellant entered a plea of “not guilty.” In a bench trial, the trial court found her guilty and assessed her punishment at twenty days’ confinement in the county jail.

Points of Error

Appellant advances two points of error. First, appellant contends that the trial court erred in admitting into evidence the testimony of the State’s expert witness-the arresting police officer-concerning the nature of the substance. Appellant contends that she had obtained a pretrial discovery order under article 39.14(b) of the Texas Code of Criminal Procedure *fn2 requiring the State to name its expert witnesses; that the State failed to respond; and that, despite timely objection, the trial court erred in permitting Officer Nicole Saval, an expert witness, to testify. Appellant urges that this is a case of first impression under article 39.14(b). Second, appellant claims that without the expert testimony the evidence is legally insufficient to support the conviction.

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