Hernandez v. State

OPINION

in which PJ., KELLER, MEYERS, PRICE, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

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. PRoe. 44.2(b) harm analysis to a violation of the notice provision of Rule 404(b).

The notice provision of Rule 404(b), in relevant part, provides that other-crimes evidence may be admissible for limited, non-character conformity purposes provided that the prosecution gives the accused reasonable notice in…