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HERNANDEZ v. STATE

No. PD-2106-03.

176 S.W.3d 821 (2005)

Homero Herrera HERNANDEZ, Appellant, v. The STATE of Texas.

Court of Criminal Appeals of Texas.

November 2, 2005.

Attorney(s) appearing for the Case

Stephen Gustitis, Bryan, for appellant.

Stephen Taylor, Attorney Pro Tem, Galveston, Matthew Paul, State's Attorney, Austin, for state.

OPINION

HERVEY, J., delivered the opinion of the Court in which PJ., KELLER, MEYERS, PRICE, JOHNSON, KEASLER, HOLCOMB and COCHRAN, JJ., joined.

In this case, we address whether compliance with the notice provision of TEX.R.EVID. 404(b) is a condition precedent to admissibility of Rule 404(b) evidence and how to apply the TEX.R.APP. PROC. 44.2(b) harm analysis to a violation of the notice provision of Rule 404(b).

The notice provision of Rule...

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