Court of Criminal Appeals of Texas

Gabriel Espinosa, Appellant v. the State of Texas

April 7, 19931993 Tex. Crim. App. LEXIS 81

Summary

The Court affirmed the Court of Appeals, holding that the defendant's discovery motion did not constitute a proper Rule 404(b) notice request and therefore the State was not required to give notice of extraneous offenses; the conviction stands. The decision was joined by a concurrence offering guidance on proper notice practice and a dissent arguing the motion was a sufficient timely request.