Harrell v. State

We granted the present petition for discretionary review in order to determine whether the Rules of Criminal Evidence have altered the standard of proof by which the proponent of evidence of “other crimes, wrongs, or acts” under Tex.R.Cr.Evid., Rule 404(b), must establish that the accused actually committed that extraneous misconduct. Specifically, the question is whether Tex.R.Cr.Evid., Rule 104(b), has somehow supplanted the “clear proof’ standard this Court finally alighted on *162during the 1980⅛. See McCann v. State, 606 S.W.2d 897 (Tex.Cr.App.1980). During oral argument in this cause, Judge…