Castaldo v. State

OPINION

BILL VANCE, Justice.

During the course of Michael Castaldo’s trial on possession of marihuana charges, the trial court allowed the State to present testimony (1) detailing the actions of the dangerously intoxicated driver of the vehicle in which Castaldo was a passenger and (2) showing that Castaldo may have been intoxicated by the use of marihuana and alcohol. Because the evidence of the actions of the driver has character-proving tendencies, we conclude that the trial court erred by overruling Castaldo’s objection under Rule of Evidence 404(b) and, finding that he was harmed by the…