Hernandez, Homero Herrera

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. PD-2106-03

HOMERO HERRERA HERNANDEZ, Appellant

v.

THE STATE OF TEXAS

ON APPELLANT'S PETITION FOR DISCRETIONARY REVIEW

FROM THE FOURTEENTH COURT OF APPEALS

HARRIS COUNTY

Hervey, J., delivered the opinion of the Court in which PJ., Keller, Meyers, Price, Johnson, Keasler, Holcomb and Cochran, JJ., joined. Womack, J., concurred.

O P I N I O N

In this case, we address whether compliance with the notice provision of Tex. R. Evid. 404(b) is a condition precedent to admissibility of Rule 404(b) evidence and how to apply the Tex. R. App. Proc. 44.2(b) harm analysis…