Gabriel Espinosa, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals affirmed the conviction, holding that the appellant's discovery motion did not satisfy Tex.R.Crim.Evid. 404(b)'s notice requirement because it was not a proper, timely request and was never ruled upon; consequently the State was not required to give notice. The dissent argued the motion was sufficient notice, while the concurrence emphasized the need for a clear, separate notice request.