Distefano v. State

*30OPINION

Martha Hill Jamison, Justice

In three issues, appellant Frank James Distefano complains of the trial court’s admission of extraneous offense evidence during his trial for sexual performance by a child1 on the grounds that (1) the probative value of the evidence was substantially outweighed by the danger of unfair prejudice and (2) article 38.37, section 2 of the Code of Criminal Procedure violates the separation of powers doctrine in the Texas Constitution and the Due Process Clause in the Fourteenth Amendment of the United States Constitution.2 We affirm.

Background

While appellant was…