Torres v. State, 794 S.W.2d 596 (Tex. App. 1990). · Go Syfert
Torres v. State, 794 S.W.2d 596 (Tex. App. 1990). Cases Citing This Book View Copy Cite
279 citation events (248 in the last 25 years) across 6 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Longoria, Daniel Frank Jr. (2×) also: Cited "see"
Tex. App. · 2015 · signal: see · quote attribution · 1 verbatim quote · confidence high
flight is evidence of guilt.
examined Cited as authority (verbatim quote) Norris Wayne Smith v. State (3×) also: Cited as authority (rule), Cited "see"
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
flight is evidence of guilt.
discussed Cited as authority (verbatim quote) Daniel Frank Longoria Jr. v. State (2×) also: Cited "see"
Tex. App. · 2014 · signal: see · quote attribution · 1 verbatim quote · confidence high
flight is evidence of guilt.
discussed Cited as authority (rule) Justin Tremane Simon v. the State of Texas
txctapp6 · 2026 · confidence medium
App. 2000) (holding that making false statements to cover up a crime is evidence indicating “consciousness of guilt” and is admissible to prove commission of offense); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (holding that conduct after crime indicating defendant’s “‘consciousness of guilt’ is . . . one of the strongest kinds of evidence of guilt”).
discussed Cited as authority (rule) Eduardo Aceves A/K/A Eduardo Rodriguez Aceves v. the State of Texas
Tex. App. · 2025 · confidence medium
App. 2000) (holding that making false statements to police is evidence indicating consciousness of guilt); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.— Austin 1990, no pet.) (holding that conduct after crime indicating defendant’s consciousness of guilt is “one of the strongest kinds of evidence of guilt”); see also Stahmann, 602 S.W.3d at 577.
discussed Cited as authority (rule) Stephanie Denise Jones v. the State of Texas
Tex. App. · 2025 · confidence medium
See Woods v. State, No. 07-22-00208-CR, 2023 WL 4924076 , at *1 (Tex. App.—Amarillo Aug. 1, 2023, no pet.) (mem. op., not designated for publication) (“Lying to the police reveals a 14 consciousness of guilt and, as such, is circumstantial evidence of guilt.” (citing Farek v. State, No. 01-18-00385-CR, 2019 WL 2588106 , at *5 (Tex. App.—Houston [1st Dist.] June 25, 2019, pet. ref’d) (mem. op., not designated for publication))); see also Couchman v. State, 3 S.W.3d 155 , 163–64 (Tex. App.—Fort Worth 1999, pet. ref’d) (holding that the jury could reasonably conclude that defendan…
discussed Cited as authority (rule) Jimmie Lee Hance, III v. the State of Texas
Tex. App. · 2025 · confidence medium
“A ‘consciousness of guilt’ may be one of the strongest indicators of guilt.” Lee v. State, 866 S.W.2d 298, 302 (Tex. App.—Fort Worth 1993, pet. ref’d) (quoting Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.)).
cited Cited as authority (rule) Joel Damon Finley v. the State of Texas
Tex. App. · 2024 · confidence medium
“A consciousness of guilt is perhaps one of the strongest kinds of evidence of guilt.” Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no writ) (cleaned up) (citing 2 ROY R.
discussed Cited as authority (rule) Ricardo Marquez v. the State of Texas
Tex. App. · 2024 · confidence medium
In fact, as this Court has recognized, “[c]onciousness of guilt may be one of the strongest indicators of guilt.” Johnson v. State, 234 S.W.3d 43, 55 (Tex. App.—El Paso 2007, no pet.) (citing Lee v. State, 866 S.W.2d 298, 302 (Tex. App.—Fort Worth 1993, pet. ref’d); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.)).
discussed Cited as authority (rule) Christopher Nelson Hood v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 2000) (holding that making false statements to cover up crime is evidence indicating consciousness of guilt and is admissible to prove commission of offense); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (holding that conduct after crime indicating defendant’s consciousness of guilt is “one of the strongest kinds of evidence of guilt”).
cited Cited as authority (rule) Michael Tucker v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 1994); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
discussed Cited as authority (rule) Victor Hugo Cuevas v. the State of Texas
Tex. App. · 2024 · confidence medium
See Jackson v. State, 530 S.W.3d 738 , 742 n.1 (Tex. App.— Houston [14th Dist.] 2017, no pet.) (“flight is circumstantial evidence of guilt”); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (holding that conduct after crime indicating defendant’s consciousness of guilt is “one of the strongest kinds of evidence of guilt”).
discussed Cited as authority (rule) Larry Dale King v. the State of Texas
Tex. App. · 2024 · confidence medium
App. 2000) (making false statements to cover up crime is evidence indicating consciousness of guilt and attempt to cover up crime); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.— 20 Austin 1990, no pet.) (defendant’s conduct after crime indicating consciousness of guilt is “one of the strongest kinds of evidence of guilt”).
cited Cited as authority (rule) Michael Tucker v. the State of Texas
Tex. App. · 2023 · confidence medium
App. 1994); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
discussed Cited as authority (rule) Jesse James Woods v. the State of Texas
Tex. App. · 2023 · confidence medium
We also note that evidence depicting a consciousness of guilt is “perhaps one of the strongest kinds of evidence of guilt.” Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.); accord Sanderson v. State, No. 07-22-00116-CR, 2023 Tex. App. LEXIS 2028 , at *10 (Tex. App.—Amarillo Mar. 29, 2023, no pet.) (mem. op., not designated for publication) (same).
discussed Cited as authority (rule) Dequavious Eugene Sanderson v. the State of Texas
Tex. App. · 2023 · confidence medium
Leoning v. State, No. 07-18- 00213-CR, 2019 Tex. App. LEXIS 10427 , at *8 (Tex. App.—Amarillo December 2, 2019, no pet.) (quoting Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.)).
cited Cited as authority (rule) in Re Keith Taylor
Tex. App. · 2022 · confidence medium
App. 1994); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
discussed Cited as authority (rule) Steven Charles Hill v. the State of Texas
Tex. App. · 2022 · confidence medium
App. 2004) (“Attempts to conceal incriminating evidence, inconsistent statements, and implausible explanations to the police are probative of wrongful conduct and are also circumstances of guilt.”); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (“A ‘consciousness of guilt’ is perhaps one of the strongest kinds of evidence of guilt.
discussed Cited as authority (rule) James Craig Keen v. the State of Texas (2×) also: Cited "see"
Tex. App. · 2021 · confidence medium
See Couchman v. State, 3 S.W.3d 155 , 163–64 (Tex. App.—Fort Worth 1999, pet. ref’d) (defendant’s lying about facts underlying offense shows consciousness of guilt); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (consciousness of guilt “is perhaps one of the strongest kinds of evidence of guilt” and is “a circumstance tending to prove that [defendant] committed the act with which he is charged”).
discussed Cited as authority (rule) Jaime Villanueva Castro v. the State of Texas
Tex. App. · 2021 · confidence medium
Moreover, the jury saw that Castro was missing from the courtroom at the beginning of the third day of trial, and they learned that he was absent by choice when the district court informed them that the trial would resume because “the law provides when a person has voluntarily absented himself from proceedings, we can proceed.” As this Court has noted, consciousness of guilt “is perhaps one of the strongest kinds of evidence of guilt.” Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
discussed Cited as authority (rule) Rudy Abarca v. State (2×) also: Cited "see, e.g."
Tex. App. · 2021 · confidence medium
In addition, this Court properly relied on Simpson v. State, 181 S.W.3d 743, 749 (Tex. App.—Tyler 2005, pet. ref’d), and Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.), in concluding that Abarca’s statement was relevant.
discussed Cited as authority (rule) Rudy Abarca v. State
Tex. App. · 2021 · confidence medium
See Simpson v. State, 181 S.W.3d 743, 749 (Tex. App.—Tyler 2005, pet. ref’d) (defendant’s letter containing ambiguous statement concerning his guilt was relevant as providing “small nudge” toward determining guilt-innocence issue); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (conduct by accused indicating consciousness of guilt is admissible as tending to prove he committed charged acts).
discussed Cited as authority (rule) Cedric Deshawnn Green v. State
Tex. App. · 2020 · confidence medium
Perhaps the most compelling non-accomplice evidence were the text messages between Green and Latoya two days after the murder.8 These texts corroborated Dorsey’s testimony that Green orchestrated the murder and Chole shot Montez, beginning with Green’s admission that, “I got [Chloe] into this so its only right that we look after her until she can find somewhere to go.” While Latoya disagreed that Green was responsible for Chloe’s actions, she nonetheless linked Green to the murder by saying “yall was just on some gangsta s*** and she wanted to prove to you she wasnt no punk.” Fur…
discussed Cited as authority (rule) Antonio Hopkins-Mcgee v. State
Tex. App. · 2020 · confidence medium
Because Bouldin’s testimony related to Hopkins-McGee’s threats against her was admissible under either Rule 404(b) or Rule 403, the trial court would not have erred by overruling an objection on those grounds, even if trial counsel had made 5 See also Lofton v. State, No. 05-10-01265-CR, 2011 WL 6225415 , at *12 (Tex. App.—Dallas Dec. 9, 2011, pet. ref’d) (holding evidence of defendant’s post-arrest conduct, including threatening witnesses, was probative of defendant’s consciousness of guilt and tended to show alleged abusive conduct against witness occurred and therefore evidence�…
discussed Cited as authority (rule) Aniseto Alejandro Jr. v. State
Tex. App. · 2020 · confidence medium
App. 2000) (holding that making false statements to cover up crime is evidence indicating consciousness of guilt and is admissible to prove commission of the offense); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (“A ‘consciousness of guilt’ is perhaps one of the strongest kinds of evidence of guilt.”).
discussed Cited as authority (rule) Monica Melissa Patterson v. State (2×) also: Cited "see"
Tex. App. · 2020 · confidence medium
See id.; Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (holding that conduct after crime indicating defendant’s consciousness of guilt is “one of the strongest kinds of evidence of guilt”).
cited Cited as authority (rule) Anthony David Lee Leoning v. State
Tex. App. · 2019 · confidence medium
Furthermore, evidence of one’s consciousness of guilt “is perhaps one of the strongest kinds of evidence of guilt.” Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
cited Cited as authority (rule) Isaac Cardenas v. State
Tex. App. · 2019 · confidence medium
Hedrick v. State, 473 S.W.3d 824, 831 (Tex. App.—Houston [14th Dist.] 2015, no pet.); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
cited Cited as authority (rule) Edward Dewane Brockman v. State
Tex. App. · 2019 · confidence medium
The 9 Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (citing 2 Roy R.
cited Cited as authority (rule) Srinivas Eadha v. State
Tex. App. · 2019 · confidence medium
Torres v. State, 794 S.W.2d 596, 598 (Tex. App.— Austin 1990, no pet.).
discussed Cited as authority (rule) Joseph Farek v. State
Tex. App. · 2019 · confidence medium
App. 2000) (holding that making false statements to cover up crime is evidence indicating consciousness of guilt and is admissible to prove commission of offense); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (holding that conduct after crime indicating defendant’s consciousness of guilt is “one of the strongest kinds of evidence of guilt”).
discussed Cited as authority (rule) Paul Lee Navarro v. State
Tex. App. · 2018 · confidence medium
One of the strongest kinds of evidence of guilt is a “consciousness of guilt.” Torres v. State, 794 S.W.2d 596, 598 (Tex. App. 1990) (citing and quoting Ray, Texas Practice Vol. 2, Law of Evidence, § 1538, at 242 (1980)).
cited Cited as authority (rule) Aspen Warren v. State
Tex. App. · 2017 · confidence medium
Davis v. State, 329 S.W.3d at 806 ; Torres v. State, 794 S.W.2d 596, 600 (Tex. App. - Austin 1990, no pet.).
cited Cited as authority (rule) State v. Daniel Villegas
Tex. App. · 2016 · confidence medium
Torres v. State, 794 S.W.2d 596, 598 (Tex.App.-Austin 1990, no pet.).
cited Cited as authority (rule) Jacob Jordann Bright v. State
Tex. · 2015 · confidence medium
App. 1999); Gardner v. State, 2015 WL 4652718 , at *2 (Tex. App. - Fort Worth August 6, 2015, pet. refused); Torres v. State, 794 S.W.2d 596, 600 (Tex. App. - Austin 1990, no pet.).
cited Cited as authority (rule) Colette Reyes v. State
Tex. App. · 2015 · confidence medium
Torres v. State, 794 S.W.2d 596, 600 (Tex.App.-Austin 1990, no pet.).
discussed Cited as authority (rule) Juan Carlos Barrera-Magana v. State
Tex. App. · 2015 · confidence medium
App. 2007) (“Evidence of flight evinces a consciousness of guilt”); Miller v. State, 177 S.W.3d 177, 184 (Tex. App.—Houston [1st Dist.] 2005, pet. ref’d) (noting defendant’s “flight immediately after the shooting and his attempts to hide evidence constitute circumstantial evidence of his guilt”); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (“‘[a] ‘consciousness of guilt’ is perhaps one of the strongest kinds of evidence of guilt [and i]t is consequently a well accepted principle that any conduct on the part of a person accused of a crime subseq…
discussed Cited as authority (rule) Christopher Lim v. State
Tex. App. · 2015 · confidence medium
Concerning appellant’s rule 403 complaint, we note that our sister courts have described consciousness-of-guilt evidence as “one of the strongest kinds of evidence of guilt.” Smith v. State, No. 10-13-00278-CR, 2014 WL 4783251 , at *5 (Tex. App.—Waco Sept. 18, 2014, pet. ref’d) (mem. op., not designated for publication); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
cited Cited as authority (rule) Yara Perez v. State
Tex. Crim. App. · 2015 · confidence medium
Johnson v. State, 234 S.W.3d 43, 55 (Tex.App.--El Paso 2007, no pet.); Torres v. State, 794 S.W.2d 596, 598 (Tex.App.--Austin 1990, no pet.).
discussed Cited as authority (rule) Clyde Edwin Hedrick v. State (2×) also: Cited "see"
unknown court · 2015 · confidence medium
Torres v. State, 794 S.W.2d 596, 598-99 (Tex.App.-Austin 1990, no pet.); see Peoples v. State, 874 S.W.2d 804, 809 (Tex.App.-Fort Worth 1994, pet. ref'd).
cited Cited as authority (rule) Richard Darby v. State
Tex. Crim. App. · 2015 · confidence medium
Torres v. State, 794 S.W. 2d 596, 600 (Tex. App.—Austin 1990, no pet.).
cited Cited as authority (rule) Richard Darby v. State
Tex. App. · 2015 · confidence medium
Torres v. State, 794 S.W. 2d 596, 600 (Tex. App.—Austin 1990, no pet.).
cited Cited as authority (rule) Cruz-Garcia, Obel
Tex. App. · 2015 · confidence medium
Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) (consciousness of guilt is perhaps one of the strongest kinds of evidence of guilt).
discussed Cited as authority (rule) Joaquin Alberto Davila v. State (2×)
Tex. App. · 2015 · confidence medium
App. 2002) .................... 19 Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.) 24 West v. State, 121 S.W.3d 95, 101-02 (Tex. App.—Fort Worth 2003) ..... 26 Wilson v. State, 7 S.W.3d 136, 141 (Tex. Crim.
discussed Cited as authority (rule) Leonardo Rivas v. State
Tex. App. · 2014 · confidence medium
Id., Torres v. State, 794 S. W. 2d 596, 598 (Tex. App. - Austin 1990, no pet.). 26 ISSUE NUMBER THREE THE STATE DID NOT USE PERJURED TESTIMONY TO CONVICT APPELLANT ARGUMENT AND AUTHORITIES The appellant’s third issue centers on the testimony of several witnesses that to their personal knowledge the deceased, Felix Flores, was not a member of the Mexican Mafia and the closing statement of counsel that Felix Flores was a member of the Mexican Mafia.
discussed Cited as authority (rule) Christopher Smith v. State
Tex. App. · 2014 · confidence medium
“Consciousness of guilt” is “a well-accepted principle that any conduct on the part of a person accused of a crime subsequent to its commission, which indicates a ‘consciousness of guilt’ may be received as a circumstance tending to prove that he committed the act with which he is charged.” See Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no writ) (citation omitted) (noting that consciousness of guilt is one of strongest types of evidence of guilt).
cited Cited as authority (rule) Jose Antonio Torres Flamenco v. State
Tex. App. · 2014 · confidence medium
App. 2000); Couchman v. State, 3 S.W.3d 155 , 163–64 (Tex. App.—Fort Worth 1999, pet. ref’d); Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no pet.).
discussed Cited as authority (rule) Jesus Cervando Lopez v. State
Tex. App. · 2013 · confidence medium
“It is consequently a well accepted principle that any conduct on the part of a person accused of a crime subsequent to its commission, which indicates a ‘consciousness of guilt’ may be received as a circumstance tending to prove that he 10 committed the act with which he is charged.” Torres, 794 S.W.2d at 598 (quotations omitted).
cited Cited as authority (rule) Jose Juan Sandoval v. State
Tex. App. · 2013 · confidence medium
More importantly, “[a] ‘consciousness of guilt’ is perhaps one of the strongest kinds of evidence of guilt.” Torres v. State, 794 S.W.2d 596, 598 (Tex.App.--Austin 1990, no pet.).
examined Cited as authority (rule) Albert James Smith v. State (3×) also: Cited "see"
Tex. App. · 2013 · confidence medium
“A consciousness of guilt is perhaps one of the strongest kinds of evidence of guilt.” Torres v. State, 794 S.W.2d 596, 598 (Tex. App.—Austin 1990, no writ) (internal quotations omitted).
Retrieving the full opinion text from the archive…
Juan Alberto TORRES, Appellant,
v.
the STATE of Texas, Appellee
3-89-201-CR.
Court of Appeals of Texas.
Aug 8, 1990.
794 S.W.2d 596
Gerald A. Brown, Brown & Hibbs, Temple, for appellant., Arthur C. Eads, Dist. Atty., James T. Russell, Administrative Asst., Belton, for appellee.
Powers, Jones, Onion.
Cited by 195 opinions  |  Published
ONION, Justice (Retired).

This is an appeal from a conviction for aggravated sexual assault of a child under the age of fourteen (14) years. Following the jury’s verdict of guilty, the trial court assessed appellant’s punishment at twenty-five (25) years in the Texas Department of Corrections. [1]

Appellant advances two points of error. First, he contends that the trial court erred in overruling his motion for a mistrial when the prosecutor in his opening statement to the jury stated that the appellant had made threatening telephone calls to his wife after he had been placed in jail. Second, appellant urges that the trial court erred in permitting, over objection, evidence of these threatening phone calls from jail and that this constituted extraneous offenses whose probative value was outweighed by the danger of prejudice to him. We will affirm the judgment of conviction.

The points of error are closely related and shall be considered together. In his opening statement the prosecutor related that the appellant’s wife (mother of the alleged victim) would be a witness. He then stated: “The most ... I think the most important thing to keep in mind about the wife is that, she will testify that when this Defendant was arrested and placed in jail, he made some threatening phone calls ... from the jail_” The objection was sustained and the jury was instructed to[*598] disregard the remark by the prosecutor, but the motion for mistrial was overruled.

M_M_testified that on July 14, 1988, when she was 13 years old, the appellant, her stepfather, sexually assaulted her in the trailer home where they lived. She related that her mother left home around noon to pick up her sister who was attending summer school; that the appellant ordered the other children out of the living room and then forcibly had sexual intercourse with her; that when she was able to free herself she locked herself in the bathroom until the appellant left home. When her mother returned and asked her what was wrong, M_M_testified that she did not tell her mother the truth because she was afraid of her stepfather. She admitted she did not tell anyone of the sexual assault until August 11, 1988, when she told Samantha Hobbs, a child welfare investigator for the Department of Human Services.

M_,,M_revealed that the appellant had been touching her breasts, “butt,” and vagina since she was eleven or twelve years old; that he was very strict and did not allow her to have friends or to receive telephone calls; that the appellant had left the home on August 1st and she did not want him to return.

Hobbs testified that on a home visit on August 11, 1988, M_M_told her of the sexual assault. Amelia Torres testified that when she married the appellant in 1980 she had three children from her first marriage including M_M_; that she and the appellant now had three small children. She stated that the appellant had been a policeman in the Dominican Republic; that he had come to the United States and that he enlisted first in the National Guard and then in the regular United States Army. She recalled that on July 14, 1988, she left home about 11:55 a.m. to pick up her daughter, Joann, from summer school; that when she returned M_M_was outside the house, looking "upset and mad” but would not tell her what had happened during the lunch hour. Mrs. Torres related that her older children did not get along very well with the appellant, and that after he left home on August 1st, they opposed his return. She confirmed Hobbs’ visit and her own trip to contact the police. Thereafter, over objection, Mrs. Torres was permitted to testify before the jury that the appellant called her three times from jail and that he told her that if she testified he was going to take away all military benefits for her and the children including their I.D. cards; that he wanted her to drop all charges or he would see that she would go to jail as well as lose military benefits.

Appellant did not testify, but called five members of his Army unit at Port Hood whose alibi testimony placed him on the base or at an armory from early in the morning until 1:55 p.m. on July 14, 1988. The jury rejected appellant’s alibi defense and found him guilty.

Appellant contends that Amelia Torres’ testimony about the extraneous offenses was inadmissible under Tex.R.Cr. Evid.Ann. 404(b) and 403, that he made this specific objection, and that the conviction must be reversed. The State urges that the evidence was admissible as a “consciousness of guilt,” a recognized exception to the general rule prohibiting the admission of extraneous offenses or transactions.

“A ‘consciousness of guilt’ is perhaps one of the strongest kinds of evidence of guilt. It is consequently a well accepted principle that any conduct on the part of a person accused of a crime subsequent to its commission, which indicates a ‘consciousness of guilt’ may be received as a circumstance tending to prove that he committed the act with which he is charged.” Ray, Texas Practice Vol. 2, Law of Evidence, § 1538, at 242 (1980).

Attempts by a party to suppress or fabricate evidence have been held admissible against a witness. Johnson v. State, 583 S.W.2d 399, 409 (Tex.Cr.App.1979); Wells v. State, 578 S.W.2d 118, 119 (Tex.Cr.App.1979); see also Garza v. State, 172 Tex.Crim. 468, 358 S.W.2d 622, 623 (Tex.Cr.App.1962) (efforts of an accused to induce a witness to testify falsely may be shown as indicating a consciousness of guilt); Richard v. State, 97 Tex.Crim. 448, 261 S.W. 587 (Tex.Cr.App.1924) (proof that the[*599] accused threatened or attempted to intimidate a State’s witness is admissible); Rodriguez v. State, 577 S.W.2d 491, 492 (Tex.Cr.App.1979); 31A C.J.S. Evidence § 179, at 456-457 (1964).

In Brown v. State, 657 S.W.2d 117, 119 (Tex.Cr.App.1983), the Court wrote:

It must be remembered that the conduct of the accused showing a consciousness of guilt, such as the suppression of the testimony of a witness, would be admissible as a circumstance tending to prove that he committed the act with which he is charged. Love v. State, 35 Tex.Cr.R. 27, 29 S.W. 790; Savage v. State, 75 Tex.Cr.R. 213, 170 S.W. 730; Maddox v. State, 163 Tex.Cr.R. 5, 288 S.W.2d 780.... ‘The defendant or any other witness is entitled to explain any fact tending to create a distrust of his integrity of truthfulness.’ Branch’s Ann.P.C., 2nd Edition, Volume 1, p. 133, Section 17. Antwine v. State, 572 S.W.2d 541 (Tex.Cr.App.1978), at page 543.
Thus, this Court has allowed admission of extraneous offenses for this purpose. ... We find that the evidence that appellant possessed a gun and made threats to kill L_M_’s family was admissible as showing an effort on his part to suppress and destroy evidence against him. McCormick & Ray, Texas Law of Evidence (3rd Edition 1980), Section 1538, page 242. The evidence is also admissible to explain why L_M_did not make an immediate outcry. 48 Tex.Jur.2d Rape, Section 59.

Appellant calls attention to Tex.R.Cr. Evid.Ann. 404(b) (effective Sept. 1, 1986), which provides:

(b) Other crimes, wrongs or acts. Evidence of other crimes, wrongs, or acts is not admissible to prove the character of a person in order to show that he acted in a conformity therewith. It may, however, be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident, provided, upon timely request by the accused, reasonable notice is given in advance of trial of intent to introduce in the State’s case in chief such evidence other than that arising in the same transaction. (Emphasis supplied.)

Appellant argues that “a consciousness of guilt” is not listed in the rule, and the extraneous offenses, thus, were not admissible for that purpose. Banda v. State, 768 S.W.2d 294, 296 (Tex.Cr.App.1989), cert. denied, — U.S. —, 110 S.Ct. 291, 107 L.Ed.2d 270 (1989), has been decided against the argument that the “other purposes” listed above in Rule 404(b) are exclusive or exhaustive. [2] The “a consciousness of guilt” exception to the general rule is alive and well in Texas. Reports of its demise have been widely exaggerated.

Nevertheless, appellant further argues that the extraneous offenses were still inadmissible under Tex.R.Cr.Evid.Ann. 403. [3] He contends that this evidence, even if relevant, should have been excluded because its probative value was “substantially outweighed by the danger of unfair prejudice.” Appellant objected on this basis at trial, calling the trial court’s attention to Rules 404(b) and 403. Rule 404(b) recognizes that evidence of extraneous acts while inadmissible to prove character “may, however, be admissible for other purposes,” and Rule 403 may come into play in determining the admissibility of that evidence.

“It would seem that Rule 403 more strongly favors admissibility than did many of the earlier formulations of the appropriate balancing test; with the opponent of[*600] the evidence bearing the burden of showing that the probative value is ‘substantially outweighed’ by the countervailing factors.” Goode, Wellborn and Sharlot, Texas Practice, Vol. 33, Guide To The Texas Rules of Evidence: Civil and Criminal § 403.1, at 90 (1988); see also Crank v. State, 761 S.W.2d 328, 342, n. 5 (Tex.Cr.App.1988).

“Unfair prejudice” is a consideration that can justify the exclusion of relevant evidence. The term, however, does not simply mean that the evidence will injure or prejudice the opponent’s case which is, after all, the central point of offering evidence. The term refers to “ ‘an undue tendency to suggest decision on an improper basis, commonly, though not necessarily, an emotional one.’ ” Goode, Wellborn and Sharlot, Texas Practice, Vol. 33, Guide To The Texas Rules of Evidence: Civil and Criminal, § 403,2, at 93 (1988) (quoting Advisory Committee’s Note to Federal Rule 403); see also Montgomery v. State (Tex.Cr.App.1990—Nos. 1090-1091—May 30, 1990).

In the instant case, appellant timely objected on the basis of the rules and a hearing in the jury’s absence was conducted. [4] Thereafter, the court overruled the objection and admitted evidence of the telephone conversations before the jury. The extraneous offenses were shown to be within a recognized exception to the general rule of prohibition, and it was further demonstrated that (1) the extraneous offenses were relevant to a material issue in the case; (2) their probative value substantially outweighed unfair prejudice; and (3) the offenses were committed by the appellant. The test of admissibility was met. Wyle v. State, 111 S.W.2d 709, 715 (Tex.Cr.App.1989); Turner v. State, 754 S.W.2d 668, 672-673 (Tex.Cr.App.1988). Given the facts and circumstances, the trial court did not abuse its discretion in admitting the complained-of evidence. When first mentioned in the State’s opening argument, the objection thereto was sustained, and the jury was instructed by the trial court to disregard, although the mistrial motion was overruled. Normally the instruction to disregard will cure the error, if any. Further the evidence of the extraneous offenses was later properly admitted. We find no merit in appellant’s points of error, and they are overruled.

The judgment is affirmed.

1

. The Department of Corrections is now the Institutional Division of the Texas Department of Criminal Justice. 1989 Tex.Gen.Laws, ch. 785, § 1.19(f) at 3475. See Historical Note to Tex.Civ.Stat.Ann. art. 4413(401) (Supp.1990).

2

. See also Goode, Wellborn and Sharlot, Texas Practice, Vol. 33, Guide To The Texas Rules of Evidence: Civil and Criminal, §§ 403.1 and 404.6 (1988). See and cf. exceptions set forth in Albrecht v. State, 486 S.W.2d 97, 100 (Tex.Cr.App.1972), which exceptions were never intended to be exclusive. Cantrell v. State, 731 S.W.2d 84, 89 (Tex.Cr.App.1987).

3

. Rule 403 provides:

Although relevant, evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice, confusion of the issues, or misleading the jury, or by considerations of undue delay, or needless presentation of cumulative evidence.
4

. Although not applicable to the instant case, a warning may be in order. "In using Rule 403 as a basis of objection, counsel should make (and judges should expect) specific offers of proof or argument rather than bland incantations which do little to help the judge decide whether the evidence is admissible. Indeed standardized objections of ‘prejudicial’ will probably not suffice to preserve a Rule 403 objection.” Wendorf and Schleuter, Texas Rules of Evidence Manual, 2nd Ed., p. 68 (1988). See also Tex.R.Cr.Evid.Ann. 103 and Tex.R.App.P.Ann. 52(a) (Pamp.1990).