Wesley Harrell, Appellant v. the State of Texas, Appellee

Summary

The Texas Court of Criminal Appeals reversed the Court of Appeals' judgment and reinstated the earlier decision that extraneous offense evidence is admissible only if the State proves beyond a reasonable doubt that the defendant committed the extraneous offense. The majority held that the proper quantum of proof for admissibility under Rule 404(b) and Rule 104(b) is the same as the jury instruction standard—proof beyond a reasonable doubt. Justice White dissented, arguing that the pre‑ponderance standard articulated in Huddleston should apply.