Page v. State

OPINION

in which MEYERS, PRICE, WOMACK, KEASLER, HERVEY, HOLCOMB, and COCHRAN, JJ., joined.

At trial, evidence of extraneous offenses was admitted under Rule 404(b) 1 to show identity. The question we confront today is whether identity was placed in issue by defense cross-examination regarding a discrepancy between the defendant’s actual weight and the description of the perpetrator’s weight given to the police by an eyewitness. We hold that eross-examination on this subject did place identity in issue, and consequently, we reverse the Court of Appeals’s decision.

I. BACKGROUND

A. Facts

Shelly…