Simpson v. State

OPINION ON APPELLANTS PETITION FOR DISCRETIONARY REVIEW

in which McCORMICK, Presiding Judge, and MANSFIELD, HOLLAND and WOMACK, Judges, joined.

Appellant was convicted of indecency with a child. During trial, the State offered evidence of extraneous offenses committed by appellant against the victim. Before the trial court, the State maintained that these offenses were admissible under Article 38.37 of the Texas Code of Criminal Procedure.1 Before the Court of Appeals, appellant contended that the evidence was inadmissible because Article 38.37 was inapplicable and because the State failed to…