Homero Herrera Hernandez, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals held that the notice provision of Tex. R. Evid. 404(b) is a rule of evidence admissibility, making failure to give notice an error, but applied Rule 44.2(b) and found the error harmless because the appellant was not surprised or prejudiced; the judgment of the Court of Appeals was affirmed.