Evidence of extraneous offenses is admissible as same-transaction contextual evidence if the crimes are intermixed, blended, or connected to form an indivisible transaction.
An appellant convicted of capital murder challenges the admission of evidence regarding the deaths of three children caused by a fire set during the same criminal transaction. The court holds that evidence of extraneous offenses is admissible as same-transaction contextual evidence when several crimes are intermixed or connected to form an indivisible criminal transaction. Although the trial court erred by admitting autopsy photographs of the children's internal organs because their probative value was substantially outweighed by the danger of unfair prejudice and confusion, this error was harmless. The court concludes that the evidence of the children's deaths was properly admitted to provide context and corroborate testimony.
At page 731 Reviewing admissibility of extraneous offense evidence275 citing casesop. on reh’g
- David Wayne Massar v. State of Texas, No. 03-24-00119-CR (Tex. App.—Austin Nov. 20, 2025).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Kenneth T. Smith v. State of Texas, No. 03-23-00796-CR (Tex. App.—Austin July 30, 2025).unpublished“Thus, a trial court’s ruling on the admissibility of extraneous offenses is reviewed under an abuse-of-discretion standard.” Id. (citing Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Madison McDonald v. State of Texas, No. 05-23-00419-CR (Tex. App.—Dallas Nov. 14, 2024).publishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim. App. 2005); Santellan v. State, 939 S.W.2d 155, 169 (Tex. Crim. App. 1997).
- Arturo Lopez v. State of Texas, No. 10-23-00237-CR (Tex. App.—Waco Aug. 8, 2024).publishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Chhoun Saing v. State of Texas, No. 02-22-00296-CR (Tex. App.—Fort Worth July 18, 2024).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Tommy Earl Landrum, Jr. v. State of Texas, No. 10-23-00007-CR (Tex. App.—Waco June 13, 2024).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Antonio Jesus Flores v. State of Texas, No. 13-23-00260-CR (Tex. App.—Corpus Christi–Edinburg Apr. 25, 2024).unpublishedApp. 2011) (citing Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Quest Al'Javaughn Jones v. State of Texas, 690 S.W.3d 114 (Tex. App.—Waco 2024).published Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Carrendius Walker v. State of Texas, No. 05-22-01119-CR (Tex. App.—Dallas Mar. 27, 2024).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim. App. 2005).
- Joseph Michael Haley v. State of Texas, No. 10-22-00267-CR (Tex. App.—Waco Feb. 29, 2024).unpublishedSee id.; Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
Show 161 more citing cases
- Quest Al'Javaughn Jones v. State of Texas, No. 10-23-00146-CR (Tex. App.—Waco Feb. 1, 2024).published Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Jesus Angel Gomez-Gonzalez v. State of Texas, 679 S.W.3d 221 (Tex. App.—Tyler 2023).publishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Pedro Acosta Jr. v. State of Texas, No. 13-22-00579-CR (Tex. App.—Corpus Christi–Edinburg Aug. 24, 2023).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Adrian Robinson v. State of Texas, 675 S.W.3d 326 (Tex. App.—Fort Worth 2023).published“extraneous-offense evidence may . . . be admissible as same- transaction contextual evidence, where ‘several crimes are intermixed, or blended with one another, or connected so that they form an indivisible criminal tra…”
- Gus Guevara v. State of Texas, 667 S.W.3d 422 (Tex. App.—Beaumont 2023).publishedAs to the extraneous crimes, wrongs, or acts discussed in the first hearing—the 1983 rape and 35Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Gregory Scott Hube v. State of Texas, No. 05-21-00984-CR (Tex. App.—Dallas Nov. 30, 2022).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim. App. 2005). –9– The rule 403 factors here weigh in favor of admission.
- Don Doyle Gordon, Jr. v. State of Texas, No. 10-21-00194-CR (Tex. App.—Waco Aug. 10, 2022).unpublished Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Joel Thomas Dies v. State of Texas, 649 S.W.3d 273 (Tex. App.—Dallas 2022).published“We review the trial court’s admission of extraneous offense evidence under an abuse of discretion standard.” Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim. App. 2005).
- Leonicio Alfredo Sharpe v. State of Texas, No. 07-21-00221-CR (Tex. App.—Amarillo May 25, 2022).unpublished“Thus, a trial court’s ruling on the admissibility of extraneous offenses is reviewed under an abuse-of-discretion standard.” Jingbo Xu, 2021 Tex. App. LEXIS 3554 , at *9 (citing Devoe, 354 S.W.3d at 469 ; Prible v. State, 175 S.W.3d 724,…
- Sebastian Carlos Roman v. State of Texas, No. 05-20-00011-CR (Tex. App.—Dallas July 23, 2021).unpublishedSTANDARD OF REVIEW “We review the trial court’s admission of extraneous offense evidence under an abuse of discretion standard.” Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Gerald Tomlinson v. State of Texas, No. 09-19-00331-CR (Tex. App.—Beaumont July 14, 2021).unpublishedEvid. 404(b)) (emphasis omitted); Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Courtney Dobbins v. State of Texas, No. 07-20-00095-CR (Tex. App.—Amarillo June 18, 2021).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Jingbo Xu v. State of Texas, No. 11-19-00203-CR (Tex. App.—Eastland May 6, 2021).unpublished“Thus, a trial court’s ruling on the 6 admissibility of extraneous offenses is reviewed under an abuse-of-discretion standard.” Id. (citing Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Roy Castaneda Rodriguez v. State, No. 10-18-00179-CR (Tex. App.—Waco Mar. 10, 2021).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Ty Lee Whitfield v. State, No. 03-19-00091-CR (Tex. App.—Austin Feb. 10, 2021).unpublished“Thus, a trial court’s ruling on the admissibility of extraneous offenses is reviewed under an abuse-of-discretion standard.” Id. (citing Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Amanda Shanae Willis v. State, No. 08-19-00065-CR (Tex. App.—El Paso Feb. 3, 2021).publishedThere is no abuse of discretion so long as the trial court’s ruling is within the “zone of reasonable disagreement.” Devoe v. State, 354 S.W.3d 457, 469 (Tex.Crim.App. 2011)(quoting Prible v. State, 175 S.W.3d 724, 731 (Tex.Crim.App. 2005)…
- Dustin Ray Sanders v. State, No. 09-18-00423-CR (Tex. App.—Beaumont Jan. 27, 2021).unpublishedApp. 2011) (citing Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Joseph Alexander Swansey v. State, No. 09-18-00346-CR (Tex. App.—Beaumont Oct. 14, 2020).unpublishedApp. 2011) (citing Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Joseph Valentino Joiner v. State, No. 08-18-00118-CR, 2020 WL 4696625 (Tex. App.—El Paso Aug. 13, 2020).published Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- David Ray Baker v. State, No. 02-18-00364-CR (Tex. App.—Fort Worth Apr. 23, 2020).unpublishedApp. 2009); Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Brian Woolard v. State, No. 02-19-00162-CR (Tex. App.—Fort Worth Mar. 26, 2020).unpublishedApp. 2009); Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Todric McDonald v. State, No. 10-19-00067-CR (Tex. App.—Waco Jan. 8, 2020).unpublished Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Jesse Galindo Delafuente v. State, No. 10-16-00376-CR (Tex. App.—Waco Oct. 23, 2019).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Louis A. Murphy v. State, No. 04-18-00597-CR (Tex. App.—San Antonio Aug. 7, 2019).unpublishedWilliams v. State, 301 S.W.3d 675, 687 (Tex. Crim. App. 2009); Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim. App. 2005).
- Da Ryan Tarrell Simms v. State, No. 06-18-00181-CR (Tex. App.—Texarkana June 14, 2019).unpublishedHowever, Ruiz relied on Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim. App. 2005), which was decided before the enactment of Article 38.075 of the Texas Code of Criminal Procedure, the jailhouse-witness-corroboration statute, so the cont…
- Maycol Douglas Lagos-Valladares v. State, No. 09-17-00493-CR (Tex. App.—Beaumont June 12, 2019).unpublishedEvid. 404(b)) (emphasis omitted); Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Anthony Williams v. State, No. 02-18-00382-CR (Tex. App.—Fort Worth May 23, 2019).unpublishedPrible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Benjamin Williams v. State, No. 06-18-00130-CR (Tex. App.—Texarkana Mar. 21, 2019).unpublishedApp. 2007); Prible v. State, 175 S.W.3d 724, 731 (Tex. Crim.
- Smith v. State, 314 S.W.3d 576 (Tex. App.—Texarkana 2010).published
- Martinez v. State, 304 S.W.3d 642 (Tex. App.—Amarillo 2010).published
- Newton v. State, 283 S.W.3d 361 (Tex. App.—Waco 2009).published
- Smith v. State, 316 S.W.3d 688 (Tex. App.—Fort Worth 2010).published
- De La Paz v. State, 279 S.W.3d 336 (Tex. Crim. App. 2009).published
- Williamson v. State, 356 S.W.3d 1 (Tex. App.—Houston [1st Dist.] 2010).published
- Daniel Diaz v. State, No. 09-13-00104-CR (Tex. App.—Beaumont Dec. 10, 2014).unpublished
- Chance Deallen Keller v. State, No. 03-13-00501-CR (Tex. App.—Austin Nov. 20, 2014).unpublished
- Laura Knight v. State, 457 S.W.3d 192 (Tex. App.—El Paso 2015).published
- Luis Rodolfo Lopez v. State, No. 05-13-01137-CR (Tex. App.—Dallas Feb. 3, 2015).unpublished
- Lamont Renard Stewart v. State, No. 10-14-00183-CR (Tex. App.—Waco June 19, 2015).unpublished
- Johnathan Ross Nickerson v. State, 478 S.W.3d 744 (Tex. App.—Houston [1st Dist.] 2015).published
- Clifton Dean Montgomery, Jr. v. State, No. 10-13-00298-CR (Tex. App.—Waco July 3, 2015).unpublished
- Michael Lee Trevino v. State, No. 01-08-00427-CR (Tex. App.—Houston [1st Dist.] Oct. 15, 2009).unpublished
- Laurie Lea Williamson v. State, No. 01-08-00366-CR (Tex. App.—Houston [1st Dist.] May 6, 2010).published
- Laurie Lea Williamson v. State, No. 01-08-00365-CR (Tex. App.—Houston [1st Dist.] May 6, 2010).published
- Rubert Lay Rice v. State, No. 03-07-00446-CR (Tex. App.—Austin Mar. 26, 2009).unpublished
- Jose Herrera Lopez v. State of Texas, No. 03-08-00616-CV (Tex. App.—Austin Mar. 12, 2009).unpublished
- Jose Herrera Lopez v. State, No. 03-07-00206-CR (Tex. App.—Austin Mar. 12, 2009).unpublished
- Reynaldo Reyes, Jr. v. State, No. 04-08-00699-CR (Tex. App.—San Antonio Nov. 18, 2009).unpublished
- Daniel Sebastian Abrego v. State, No. 04-09-00094-CR (Tex. App.—San Antonio Sept. 16, 2009).unpublished
- Gina Martinez v. State, No. 07-08-00489-CR (Tex. App.—Amarillo Sept. 11, 2009).unpublished
- Jason Menefee v. State, No. 08-08-00176-CR (Tex. App.—El Paso Oct. 28, 2009).published
- in the Interest of B.N., a Child, No. 10-09-00216-CV (Tex. App.—Waco Dec. 9, 2009).unpublished
- Brinjit Velu v. State, No. 10-07-00327-CR, 2009 Tex. App. LEXIS 1353 (Tex. App.—Waco Feb. 25, 2009).unpublished
- Lemmuel Nivek Hatcher v. State of Texas, No. 11-08-00193-CR (Tex. App.—Eastland Oct. 15, 2009).unpublished
- Delapaz, Mark, No. PD-0295-08 (Tex. Crim. App. Mar. 25, 2009).published
- Devoe, Paul Gilbert, 354 S.W.3d 457 (Tex. Crim. App. 2011).published
- Nnamdi Royce Washington v. State, No. 03-10-00682-CR (Tex. App.—Austin Jan. 30, 2014).published
- Christopher Lawrence v. State, No. 03-14-00192-CR (Tex. App.—Austin July 16, 2015).unpublished
- Lauren Ashley Adetunji v. State, No. 14-11-00778-CR (Tex. App.—Houston [14th Dist.] Feb. 25, 2014).unpublished
- Miguel Angel Parra Morales v. State, 389 S.W.3d 915 (Tex. App.—Houston [14th Dist.] 2013).published
- Stevdrick Jackson v. State, No. 14-11-00332-CR (Tex. App.—Houston [14th Dist.] Apr. 24, 2012).unpublished
- Jermaine C. Mitchell v. State, No. 14-09-00379-CR (Tex. App.—Houston [14th Dist.] Aug. 31, 2010).unpublished
- David Sandoval Castro v. State, No. 14-08-01156-CR (Tex. App.—Houston [14th Dist.] Aug. 31, 2010).unpublished
- Leopoldo Cortez-Leija v. State, No. 04-14-00549-CR (Tex. App.—San Antonio Sept. 23, 2015).unpublished
- Leonard Geronimo Renteria Sanchez v. State, No. 05-13-00718-CR (Tex. App.—Dallas Oct. 22, 2014).unpublished
- Samuel Anthony Cisneros v. State, No. 07-13-00299-CR (Tex. App.—Amarillo June 18, 2015).unpublished
- Barney Samuel Bradshaw v. State, 466 S.W.3d 875 (Tex. App.—Texarkana 2015).published
- Shockley, Stephen Coleman v. State, No. 05-12-01018-CR (Tex. App.—Dallas July 30, 2014).unpublished
- Norris Wayne Smith v. State, No. 10-13-00278-CR (Tex. App.—Waco Sept. 18, 2014).unpublished
- Daniel Frank Longoria Jr. v. State, No. 09-13-00169-CR (Tex. App.—Beaumont June 25, 2014).unpublished
- George Burke v. State, No. 13-13-00520-CR (Tex. App.—Corpus Christi Apr. 23, 2015).unpublished
- Bobby Joe Hall v. State, No. 10-12-00020-CR (Tex. App.—Waco Apr. 17, 2014).unpublished
- Tomas Ramirez v. State, No. 10-13-00110-CR (Tex. App.—Waco Apr. 10, 2014).unpublished
- Steven Oliver v. State, No. 10-12-00389-CR, 2014 WL 1016244 (Tex. App.—Waco Mar. 13, 2014).unpublished
- Kelly Richard Unterburger v. State, No. 10-12-00361-CR (Tex. App.—Waco Dec. 12, 2013).unpublished
- Christopher Shannon Robles v. State, No. 10-12-00398-CR (Tex. App.—Waco Nov. 7, 2013).unpublished
- Derek Michael Alexander v. State, No. 10-12-00251-CR (Tex. App.—Waco Oct. 31, 2013).unpublished
- Virgil Lee Jones v. State, No. 10-13-00006-CR (Tex. App.—Waco Sept. 26, 2013).unpublished
- James Robert Freeman v. State, No. 10-12-00183-CR, 2013 Tex. App. LEXIS 8566 (Tex. App.—Waco July 11, 2013).unpublished
- Steven Anthony Almager v. State, No. 07-11-00268-CR (Tex. App.—Amarillo June 21, 2013).unpublished
- Lawrence Edward Blue v. State, No. 10-12-00051-CR (Tex. App.—Waco Feb. 7, 2013).unpublished
- Jose Guadalupe Rodriguez v. State, No. 10-12-00108-CR (Tex. App.—Waco Jan. 10, 2013).published
- Noy Moten, Jr. v. State, No. 10-12-00027-CR (Tex. App.—Waco Nov. 15, 2012).unpublished
- Thomas Darrell Cross Jr. v. State, No. 09-11-00406-CR, 2012 WL 6643832 (Tex. App.—Beaumont Dec. 19, 2012).unpublished
- Todd William Baker v. State, No. 10-11-00449-CR, 2012 Tex. App. LEXIS 9345 (Tex. App.—Waco Nov. 8, 2012).unpublished
- Luke Edward Badura v. State, No. 11-11-00166-CR (Tex. App.—Eastland June 13, 2013).unpublished
- Louis Markeith Williams v. State, No. 01-14-00165-CR, 2015 WL 1135715 (Tex. App.—Houston [1st Dist.] Mar. 12, 2015).unpublished
- Timothy Philip Moreno v. State of Texas, No. 11-11-00098-CR (Tex. App.—Eastland Dec. 13, 2012).unpublished
- Donna Taylor v. State, No. 13-13-00359-CR (Tex. App.—Corpus Christi July 3, 2014).unpublished
- Cortez, Joe Anthony v. State, No. 05-12-01042-CR (Tex. App.—Dallas Feb. 5, 2014).unpublished
- John Perry Joseph v. State, No. 13-11-00461-CR (Tex. App.—Corpus Christi Apr. 11, 2013).unpublished
- William Stephens v. State, No. 08-11-00166-CR (Tex. App.—El Paso Aug. 14, 2013).published
- Raphael John Donato v. State, No. 02-11-00313-CR (Tex. App.—Fort Worth Apr. 30, 2014).unpublished
- Catarino Jose Castillo v. State, No. 10-09-00286-CR (Tex. App.—Waco Oct. 26, 2011).unpublished
- Paul Keith Struckman v. State, No. 10-10-00427-CR, 2011 WL 4712236 (Tex. App.—Waco Oct. 5, 2011).unpublished
- Howard Lee Shafer Jr. v. State, No. 13-11-00464-CR (Tex. App.—Corpus Christi Oct. 25, 2012).unpublished
- Juanita Svenningsen v. State, No. 10-10-00370-CR (Tex. App.—Waco Sept. 21, 2011).unpublished
- Juan Carlos Banal v. State, No. 08-11-00032-CR (Tex. App.—El Paso Dec. 21, 2012).published
- Willie Edward Davis v. State, No. 10-07-00206-CR (Tex. App.—Waco Feb. 2, 2011).unpublished
- Whitney James Trace Jurasek v. State, No. 13-10-00691-CR (Tex. App.—Corpus Christi May 17, 2012).unpublished
- Roberto Valdez v. State, No. 08-10-00331-CR, 2012 WL 4928905 (Tex. App.—El Paso Oct. 17, 2012).published
- Charles Andrew Applewhite v. State, No. 08-11-00121-CR (Tex. App.—El Paso Sept. 26, 2012).published
- Freddy Gonzalez v. State, No. 08-11-00147-CR, 2012 WL 4101900 (Tex. App.—El Paso Sept. 19, 2012).published
- Michael Romero v. State, No. 08-10-00074-CR, 2012 WL 3834917 (Tex. App.—El Paso Sept. 5, 2012).published
- Gately v. State, 321 S.W.3d 72 (Tex. App.—Eastland 2010).published
- Kandance Yancy Marriott v. State, No. 10-09-00122-CR (Tex. App.—Waco July 21, 2010).unpublished
- Carl Leonard Lively v. State, No. 06-09-00021-CR (Tex. App.—Texarkana Feb. 5, 2010).unpublished
- Marcus White v. State, No. 08-09-00269-CR, 2011 WL 4825650 (Tex. App.—El Paso Oct. 12, 2011).published
- George Edward Theragood v. State, No. 08-10-00013-CR, 2011 WL 3848840 (Tex. App.—El Paso Aug. 31, 2011).published
- Esteban Ruiz v. State, 358 S.W.3d 676 (Tex. App.—Corpus Christi 2011).published
- Jason Eugene Walker v. State, No. 07-10-00299-CR (Tex. App.—Amarillo Oct. 20, 2011).unpublished
- Villarreal, Anthony Raymond v. State, No. 05-12-00022-CR (Tex. App.—Dallas June 11, 2013).unpublished
- Mario Arteaga v. State, No. 04-13-00398-CR (Tex. App.—San Antonio Mar. 5, 2014).unpublished
- Miguel Balderas v. State, No. 13-09-00280-CR (Tex. App.—Corpus Christi Dec. 9, 2010).unpublished
- William Charles Phillips v. State, No. 07-10-00095-CR (Tex. App.—Amarillo Feb. 23, 2011).published
- Leonard L. Martinez, Sr. v. State, No. 07-08-00296-CR (Tex. App.—Amarillo Jan. 21, 2010).published
- Marcus Anthony Shuff v. State, No. 01-12-00034-CR (Tex. App.—Houston [1st Dist.] May 2, 2013).unpublished
- Diego Ibarra v. State, No. 04-11-00845-CR (Tex. App.—San Antonio Apr. 17, 2013).unpublished
- Ricardo Sanchez v. State, No. 02-09-00434-CR (Tex. App.—Fort Worth Mar. 17, 2011).unpublished
- Cruz-Garcia, Obel, No. AP-77,025 (Tex. Crim. App. Oct. 28, 2015).unpublished
- Marcus Layne Dickey v. State, No. 13-15-00303-CR (Tex. App.—Corpus Christi July 21, 2016).unpublished
- Erich Stockley Seals v. State, No. 09-15-00191-CR (Tex. App.—Beaumont Aug. 10, 2016).unpublished
- Collin Robert Zacny v. State, No. 05-15-01125-CR (Tex. App.—Dallas Aug. 15, 2016).unpublished
- Richard McKinnley Nixon v. State, No. 09-15-00421-CR (Tex. App.—Beaumont Aug. 24, 2016).unpublished
- Brian Vanorman v. State, No. 09-15-00286-CR (Tex. App.—Beaumont Sept. 21, 2016).unpublished
- Noel Campbell v. State, No. 13-14-00403-CR (Tex. App.—Corpus Christi Aug. 31, 2015).unpublished
- Diaz, Daniel, No. PD-0035-15 (Tex. Crim. App. Feb. 13, 2015).unpublished
- Bradshaw, Barney Samuel, No. PD-0619-15 (Tex. Crim. App. July 27, 2015).published
- Noel Campbell v. State, No. 13-14-00403-CR (Tex. App.—Corpus Christi Mar. 27, 2015).published
- Christopher Lee Mell v. State, No. 07-14-00207-CR (Tex. App.—Amarillo Sept. 3, 2015).unpublished
- Williams, Louis Markeith, No. PD-0413-15 (Tex. Crim. App. Apr. 29, 2015).unpublished
- Harris, Roderick, No. WR-80,923-02 (Tex. Crim. App. June 1, 2015).published
- Anderson, Brandon, No. PD-1550-15 (Tex. Dec. 1, 2015).unpublished
- Brandon Anderson v. State, No. 10-14-00182-CR, 2015 WL 6584041 (Tex. App.—Waco Oct. 29, 2015).unpublished
- Charles G. Villarreal v. State, No. 03-14-00095-CR (Tex. App.—Austin May 18, 2015).published
- Mark Fruge v. State, No. 03-14-00724-CR (Tex. App.—Austin Oct. 28, 2015).published
- Matthew Alan Simmons v. State, No. 08-14-00043-CR (Tex. App.—El Paso Nov. 4, 2015).published
- Knight, Laura, No. PD-0319-15 (Tex. Crim. App. Sept. 16, 2015).published
- William C. Mays v. State, No. 13-14-00653-CR (Tex. App.—Corpus Christi Sept. 24, 2015).published
- William C. Mays v. State, No. 13-14-00654-CR (Tex. App.—Corpus Christi Sept. 24, 2015).published
- Longoria, Daniel Frank Jr., No. PD-0768-15 (Tex. Crim. App. Oct. 1, 2015).unpublished
- Lawrence, Christopher, No. PD-1068-15 (Tex. Crim. App. Nov. 13, 2015).published
- Carlos Navarro v. State, No. 05-13-00845-CR (Tex. App.—Dallas July 1, 2015).unpublished
- Mark Fruge v. State, No. 03-14-00722-CR (Tex. App.—Austin Oct. 28, 2015).published
- Mark Fruge v. State, No. 03-14-00723-CR (Tex. App.—Austin Oct. 28, 2015).published
- Thomas Olivas v. State, 507 S.W.3d 446 (Tex. App.—Fort Worth 2016).published
- Timothy Richard O'Kane v. State, No. 04-16-00526-CR (Tex. App.—San Antonio July 26, 2017).unpublished
- Garrett Hammond v. State, No. 10-17-00178-CR, 2018 WL 1866053 (Tex. App.—Waco Apr. 18, 2018).unpublished
- Jose Rodriguez v. State, 553 S.W.3d 733 (Tex. App.—Amarillo 2018).published
- Jose Manuel Brito v. State, No. 08-15-00196-CR (Tex. App.—El Paso July 25, 2018).published
- Kerry Gittens v. State, 560 S.W.3d 725 (Tex. App.—San Antonio 2018).published
- Matthew Joiner v. State, No. 04-16-00701-CR (Tex. App.—San Antonio Aug. 15, 2018).unpublished
- Bilawal Shahzada v. State, No. 05-17-00391-CR, 2018 WL 6322112 (Tex. App.—Dallas Dec. 4, 2018).unpublished
- Daniel Oscar Gomez v. State, No. 13-17-00180-CR (Tex. App.—Corpus Christi Feb. 7, 2019).unpublished
- Winston Luke McDaniel v. State, No. 10-18-00353-CR (Tex. App.—Waco Mar. 23, 2020).unpublished
- Bezerra v. State, 485 S.W.3d 133 (Tex. App.—Amarillo 2016).published
- Beltran v. State, 517 S.W.3d 243 (Tex. App.—San Antonio 2017).published
- Robert Carlos Ochoa v. State of Texas, No. 10-22-00285-CR (Tex. App.—Waco Aug. 2, 2023).unpublished
- Damacio Sandoval, Jr. v. State of Texas, No. 08-23-00232-CR (Tex. App.—El Paso Apr. 30, 2024).published
- Damacio Sandoval, Jr. v. State of Texas, No. 08-23-00231-CR (Tex. App.—El Paso Apr. 30, 2024).published
- Jacob Brownson v. State of Texas, No. 13-23-00556-CR (July 9, 2026).published
At page 729 Testimony regarding alleged murders and motive75 citing caseseral prison in Beaumont, testified against appellant at trial. Beckcom testified that appellant told him that he committed the murders. Appellant explained to…
- Magana v. State, 230 S.W.3d 411 (Tex. App.—San Antonio 2007).published
- McINTOSH v. State, 307 S.W.3d 360 (Tex. App.—San Antonio 2010).published
- Gokey v. State, 314 S.W.3d 63 (Tex. App.—San Antonio 2010).published
- Reyes v. State, 314 S.W.3d 74 (Tex. App.—San Antonio 2010).published
- Tijerina v. State, 264 S.W.3d 320 (Tex. App.—San Antonio 2008).published
- Bailey v. State, 304 S.W.3d 544 (Tex. App.—San Antonio 2009).published
- Rivera v. State, 271 S.W.3d 301 (Tex. App.—San Antonio 2008).published
- Ruiz v. State, 293 S.W.3d 685 (Tex. App.—San Antonio 2009).published
- Guevara v. State, 297 S.W.3d 350 (Tex. App.—San Antonio 2009).published
- Gonzales v. State, 330 S.W.3d 691 (Tex. App.—San Antonio 2010).published
Show 52 more citing cases
- B.Y.R.D. v. State, 319 S.W.3d 102 (Tex. App.—San Antonio 2010).published
- Roberts v. State, 319 S.W.3d 37 (Tex. App.—San Antonio 2010).published
- Miranda v. State, 350 S.W.3d 141 (Tex. App.—San Antonio 2011).published
- Estrada v. State, 352 S.W.3d 762 (Tex. App.—San Antonio 2011).published
- Ojeda v. State, 340 S.W.3d 792 (Tex. App.—San Antonio 2011).published
- Vallado v. State, 350 S.W.3d 257 (Tex. App.—San Antonio 2011).published
- Johnson v. State, 354 S.W.3d 491 (Tex. App.—San Antonio 2011).published
- Edward Romero v. State, No. 04-14-00500-CR (Tex. App.—San Antonio July 22, 2015).unpublished
- Tommy Reyes v. State, No. 04-06-00532-CR (Tex. App.—San Antonio Nov. 28, 2007).unpublished
- Richard Ruthenberg v. State, No. 04-06-00009-CR (Tex. App.—San Antonio Jan. 19, 2007).unpublished
- Timothy Tijerina v. State, No. 04-06-00527-CR (Tex. App.—San Antonio May 28, 2008).published
- Donald Ray McIntosh v. State, No. 04-08-00713-CR (Tex. App.—San Antonio Nov. 18, 2009).published
- Alfred Martinez Jr. v. State, No. 04-09-00029-CR (Tex. App.—San Antonio Nov. 11, 2009).unpublished
- Jermaine Guerra v. State, No. 04-08-00312-CR (Tex. App.—San Antonio Oct. 28, 2009).unpublished
- Flor E. Arriaga v. State, No. 04-08-00646-CR (Tex. App.—San Antonio July 15, 2009).unpublished
- David Aguirre Lopez v. State, No. 04-08-00840-CR (Tex. App.—San Antonio June 17, 2009).unpublished
- Carlos R. Vega v. State, No. 04-07-00890-CR (Tex. App.—San Antonio June 10, 2009).unpublished
- Damaso Peche, Jr. v. State, No. 04-07-00655-CR (Tex. App.—San Antonio Apr. 22, 2009).unpublished
- Andrew Perez v. State, No. 04-08-00263-CR (Tex. App.—San Antonio Apr. 15, 2009).unpublished
- Lee Mendoza v. State, No. 04-08-00335-CR (Tex. App.—San Antonio Mar. 25, 2009).unpublished
- John Eric Garcia v. State, No. 04-07-00553-CR (Tex. App.—San Antonio Feb. 25, 2009).unpublished
- James George Guevara v. State, No. 04-07-00027-CR (Tex. App.—San Antonio Jan. 28, 2009).published
- David Eric Molinar v. State, No. 14-05-00359-CR (Tex. App.—Houston [14th Dist.] Sept. 26, 2006).unpublished
- Daniel Basurto v. State, No. 14-05-00419-CR (Tex. App.—Houston [14th Dist.] Sept. 7, 2006).unpublished
- Sego, Charles Thomas v. State, No. 14-04-01113-CR (Tex. App.—Houston [14th Dist.] July 18, 2006).unpublished
- Juan Pablo Cervantes v. State, No. 14-05-00203-CR (Tex. App.—Houston [14th Dist.] May 25, 2006).unpublished
- Wilson, Erin Glynne v. State, No. 14-04-01129-CR (Tex. App.—Houston [14th Dist.] Feb. 9, 2006).unpublished
- Britain, Samantha Amity, 412 S.W.3d 518 (Tex. Crim. App. 2013).published
- Samantha Amity Britain v. State, 392 S.W.3d 244 (Tex. App.—San Antonio 2012).published
- David Brasse v. State, 392 S.W.3d 239 (Tex. App.—San Antonio 2012).published
- Gabriel Joseph Brown v. State, No. 04-11-00413-CR (Tex. App.—San Antonio Aug. 1, 2012).unpublished
- Andre Jerome Nichols v. State, No. 04-11-00642-CR (Tex. App.—San Antonio June 27, 2012).unpublished
- Charles Nicky Tiller, III v. State, 362 S.W.3d 125 (Tex. App.—San Antonio 2011).published
- Ray Martin Ruiz v. State, No. 04-10-00722-CR (Tex. App.—San Antonio Sept. 14, 2011).unpublished
- Manual Valdivia v. State, No. 04-10-00568-CR (Tex. App.—San Antonio July 20, 2011).unpublished
- Jose Roman Cortez v. State, No. 04-10-00129-CR (Tex. App.—San Antonio June 15, 2011).unpublished
- Bryan Earl Cervenka v. State, No. 04-10-00279-CR (Tex. App.—San Antonio May 11, 2011).unpublished
- Charles Davis v. State, No. 04-10-00261-CR (Tex. App.—San Antonio Feb. 16, 2011).unpublished
- Mary O. Garcia v. State, No. 04-10-00092-CR (Tex. App.—San Antonio Dec. 29, 2010).unpublished
- Esam Asad Azouz v. State, No. 04-09-00759-CR (Tex. App.—San Antonio Dec. 15, 2010).unpublished
- State v. John Henry Kepley, No. 04-09-00462-CR (Tex. App.—San Antonio Sept. 15, 2010).unpublished
- Wilfredo Casillas v. State, No. 04-09-00393-CR (Tex. App.—San Antonio Aug. 25, 2010).published
- Michael Johnson v. State, No. 04-08-00919-CR (Tex. App.—San Antonio Aug. 18, 2010).unpublished
- Roderick Lighteard v. State, No. 04-09-00022-CR (Tex. App.—San Antonio May 12, 2010).unpublished
- Amador M. Valdez v. State, No. 04-09-00330-CR (Tex. App.—San Antonio May 12, 2010).unpublished
- Lavonne Byrd v. State, No. 04-08-00226-CR (Tex. App.—San Antonio Apr. 21, 2010).published
- David S. LoPinto v. State, No. 04-08-00910-CR (Tex. App.—San Antonio Mar. 31, 2010).unpublished
- James Zitelman v. State, No. 04-08-00691-CR (Tex. App.—San Antonio Mar. 10, 2010).unpublished
- Robert Wade Gokey v. State, No. 04-08-00214-CR (Tex. App.—San Antonio Mar. 3, 2010).published
- Victorick, David Lee v. State, No. PD-0031-15 (Tex. Crim. App. Feb. 11, 2015).published
- Murray, Chad William, No. PD-1230-14 (Tex. Crim. App. Feb. 6, 2015).published
- Thien Quoc Nguyen v. State, No. 06-15-00127-CR (Tex. App.—Texarkana Dec. 30, 2015).published
At page 733 Analyzing rule 403 factors for evidence admissibility62 citing caseswhen evidence tends to corroborate testimony of "key witness" in State's case, probative value is "relatively strong
- Cade, Tyrone, No. AP-76,883 (Tex. Crim. App. Feb. 25, 2015).unpublished See id. at 732 (“Same-transaction contextual evidence results when an extraneous matter is so intertwined with the State’s proof of the charged crime that avoiding reference to it would make the State’s case incomplete or difficult to unde…
- LaQuitha LaShawn Gabriel v. State of Texas, No. 13-24-00595-CR (July 9, 2026).published “(1) the probative value of the evidence; (2) the potential to impress the jury in some irrational, yet indelible, way; (3) the time needed to develop the evidence; and, (4) the proponent’s need for the evidence”
- Erica Lane Brownlee v. State of Texas, No. 03-19-00353-CR (Tex. App.—Austin May 27, 2021).unpublished“We examine several factors, including the photographs’ probative value, their potential to impress the jury in some irrational and indelible way, the time 11 needed to develop the evidence, and the proponent’s need for the photographs.” I…
- Jose Morales v. State, No. 03-19-00210-CR (Tex. App.—Austin Mar. 26, 2021).unpublished“We examine several factors, including the photographs’ probative value, their potential to impress the jury in some irrational and indelible way, the time needed to develop the evidence, and the proponent’s need for the photographs.” Gonz…
- Krystal Rena King v. State, No. 02-04-00515-CR (Tex. App.—Fort Worth Mar. 16, 2006).published
- Freeman v. State, 230 S.W.3d 392 (Tex. App.—Eastland 2007).published
- Newton v. State, 301 S.W.3d 315 (Tex. App.—Waco 2010).published
- Arroyo v. State, 259 S.W.3d 831 (Tex. App.—Tyler 2008).published
- Joaquin Alberto Davila v. State, No. 04-14-00592-CR (Tex. App.—San Antonio June 17, 2015).unpublished
- Deric Williams v. State, No. 05-14-00567-CR (Tex. App.—Dallas Aug. 19, 2015).unpublished
Show 36 more citing cases
- Marvin Carson v. State, No. 02-07-00158-CR, 2008 WL 1867148 (Tex. App.—Fort Worth Apr. 24, 2008).published
- Christopher Damien Capello v. State, No. 03-05-00553-CR, 2006 WL 2453021 (Tex. App.—Austin Aug. 25, 2006).unpublished
- Reynaldo Garza v. State, No. 03-06-00216-CR, 2008 Tex. App. LEXIS 7004 (Tex. App.—Austin Sept. 19, 2008).unpublished
- Alvie Eugene Bingham v. State, No. 03-07-00066-CR (Tex. App.—Austin Sept. 19, 2008).unpublished
- Gregory D. Bolton v. State, No. 04-07-00833-CR (Tex. App.—San Antonio Nov. 19, 2008).unpublished
- Gregory Banister v. State, No. 07-04-00479-CR (Tex. App.—Amarillo Sept. 29, 2006).unpublished
- Edwin Peter Jimenez, Sr. v. State, No. 10-05-00226-CR (Tex. App.—Waco July 26, 2006).unpublished
- in the Interest of W.R.M.D., a Child, No. 10-07-00046-CV (Tex. App.—Waco Oct. 17, 2007).published
- Bobby Blake Newton v. State, No. 10-06-00160-CR, 2009 Tex. App. LEXIS 6534 (Tex. App.—Waco Aug. 19, 2009).published
- Hector Rene Galvez v. State, No. 10-06-00332-CR, 2009 WL 2476600 (Tex. App.—Waco Aug. 12, 2009).unpublished
- Saul Arroyo v. State, No. 12-07-00009-CR (Tex. App.—Tyler Feb. 29, 2008).published
- David Alan Rodriguez v. State, No. 13-08-00522-CR (Tex. App.—Corpus Christi Aug. 13, 2009).unpublished
- Brian Keith Enloe v. State, No. 13-08-00247-CR (Tex. App.—Corpus Christi Mar. 19, 2009).published
- Matthew David Harms v. State, No. 14-07-00466-CR (Tex. App.—Houston [14th Dist.] Nov. 25, 2008).unpublished
- Pablo Gonzales, Jr. v. State, 477 S.W.3d 475 (Tex. App.—Fort Worth 2015).published
- Jeremy Lamonte Sillemon v. State, No. 05-13-01090-CR (Tex. App.—Dallas Nov. 10, 2014).unpublished
- Elisa Merrill Wilson v. State, No. 01-11-01125-CR (Tex. App.—Houston [1st Dist.] Mar. 31, 2015).unpublished
- James Thompson v. State, No. 13-13-00558-CR, 2014 WL 4049892 (Tex. App.—Corpus Christi Aug. 14, 2014).unpublished
- David Lester Bethards v. State, No. 10-09-00016-CR (Tex. App.—Waco July 20, 2011).unpublished
- David Lester Bethards v. State, No. 10-09-00016-CR (Tex. App.—Waco Mar. 30, 2011).unpublished
- Emmitt Douglas Carroll v. State, No. 10-08-00413-CR (Tex. App.—Waco Dec. 15, 2010).unpublished
- Jamal Peters v. State, No. 10-08-00371-CR (Tex. App.—Waco Nov. 24, 2010).unpublished
- Ricky James v. State, No. 10-08-00020-CR (Tex. App.—Waco Feb. 24, 2010).unpublished
- Steven Douglas Freeman v. State, No. 10-07-00363-CR (Tex. App.—Waco Jan. 20, 2010).unpublished
- Richard R. Watkins v. State, No. 02-12-00024-CR (Tex. App.—Fort Worth Feb. 14, 2013).unpublished
- Charles Edward West v. State, No. 01-12-00482-CR (Tex. App.—Houston [1st Dist.] Aug. 1, 2013).unpublished
- Clay Russell Jackson v. State, No. 01-11-00772-CR (Tex. App.—Houston [1st Dist.] Jan. 31, 2013).unpublished
- David Brien Babineaux v. State, No. 02-10-00406-CR (Tex. App.—Fort Worth May 12, 2011).unpublished
- Rodney E. Owens v. State, No. 02-10-00055-CR (Tex. App.—Fort Worth Apr. 14, 2011).unpublished
- Mark Douglas Staley v. State, No. 04-09-00215-CR (Tex. App.—San Antonio July 7, 2010).unpublished
- Wilson, Elisa Merrill, No. PD-0623-15 (Tex. Crim. App. May 26, 2015).unpublished
- Joaquin Alberto Davila v. State, No. 04-14-00592-CR (Tex. App.—San Antonio Jan. 30, 2015).published
- Gonzales, Pablo Jr., No. PD-1400-15 (Tex. Oct. 29, 2015).published
- Chance Tyler Biggers v. State, No. 10-16-00064-CR (Tex. App.—Waco Apr. 26, 2017).unpublished
- Melinda Lynn Muniz v. State, No. 05-18-00428-CR (Tex. App.—Dallas July 27, 2018).unpublished
- Chance William Moore v. State, No. 02-17-00277-CR (Tex. App.—Fort Worth Aug. 16, 2018).unpublished
At page 730 Evaluating evidence for rational trier of fact finding40 citing cases“evidence in the light most favorable to the verdict to determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt.”
- Prible v. Lumpkin, 43 F.4th 501 (5th Cir. 2022).publishedPrible v. State, 175 S.W.3d 724, 730 (Tex. Crim. App. 2005).
- Newby v. State, 252 S.W.3d 431 (Tex. App.—Houston [14th Dist.] 2008).published
- Duncantell v. State, 230 S.W.3d 835 (Tex. App.—Houston [14th Dist.] 2007).published
- Martin v. State, 246 S.W.3d 246 (Tex. App.—Houston [14th Dist.] 2007).published
- Delacruz v. State, 278 S.W.3d 483 (Tex. App.—Houston [14th Dist.] 2009).published
- Hernandez v. State, 190 S.W.3d 856 (Tex. App.—Corpus Christi 2006).published
- Dixon v. State, 244 S.W.3d 472 (Tex. App.—Houston [14th Dist.] 2008).published
- Dockstader v. State, 233 S.W.3d 98 (Tex. App.—Houston [14th Dist.] 2007).published
- Green v. State, 321 S.W.3d 799 (Tex. App.—Houston [14th Dist.] 2010).published
- Mark Tillman v. State, No. 03-05-00038-CR (Tex. App.—Austin July 7, 2006).unpublished
Show 25 more citing cases
- Apolonio Castillo, Jr. v. State, No. 04-06-00384-CR (Tex. App.—San Antonio June 20, 2007).unpublished
- Patricia Ann Nolden v. State, No. 04-09-00077-CR (Tex. App.—San Antonio Nov. 4, 2009).unpublished
- Willie Lee Jackson v. State, No. 10-90-00004-CR (Tex. App.—Waco Mar. 15, 1990).unpublished
- Jamall Riddan Kennedy v. State, No. 10-05-00400-CR (Tex. App.—Waco Nov. 15, 2006).unpublished
- Euleses Nejandro Davila v. State, No. 10-04-00291-CR (Tex. App.—Waco Aug. 2, 2006).unpublished
- Johnnie Brian Cranford v. State, No. 10-05-00331-CR (Tex. App.—Waco Apr. 26, 2006).unpublished
- Gary Trollinger v. State, No. 10-06-00076-CR (Tex. App.—Waco Apr. 18, 2007).published
- James D. McIntyre v. State, No. 10-06-00196-CR (Tex. App.—Waco Mar. 21, 2007).unpublished
- Sandra Jean Turner v. State, No. 10-06-00056-CR (Tex. App.—Waco Feb. 14, 2007).unpublished
- Germaine James v. State, No. 10-05-00376-CR (Tex. App.—Waco Jan. 17, 2007).unpublished
- Juan Manuel Albarado v. State of Texas, No. 11-07-00249-CR (Tex. App.—Eastland July 16, 2009).unpublished
- Antonio Datwan Scott v. State, No. 12-05-00382-CR (Tex. App.—Tyler Dec. 1, 2006).published
- Hugo Hernandez v. State, No. 13-02-00620-CR (Tex. App.—Corpus Christi Apr. 6, 2006).published
- John Henry Mearis v. State, No. 14-06-00501-CR (Tex. App.—Houston [14th Dist.] July 31, 2007).unpublished
- Bernard Mario Clark v. State, No. 14-08-00025-CR (Tex. App.—Houston [14th Dist.] Dec. 30, 2008).unpublished
- Gerardo Rios Cabrera v. State, No. 14-08-00009-CR (Tex. App.—Houston [14th Dist.] Dec. 11, 2008).unpublished
- Brandy Bergara v. State, No. 14-07-00938-CR, 2009 WL 2476513 (Tex. App.—Houston [14th Dist.] Aug. 13, 2009).unpublished
- Damien Lorenzo Green v. State, No. 14-07-00827-CR (Tex. App.—Houston [14th Dist.] June 30, 2009).unpublished
- Manuel Becerra-Campos v. State, No. 14-08-00722-CR (Tex. App.—Houston [14th Dist.] June 25, 2009).unpublished
- Jabar Smith Young v. State, No. 14-08-00629-CR (Tex. App.—Houston [14th Dist.] June 16, 2009).unpublished
- Derrick Dewayne Henderson v. State, No. 14-07-00756-CR (Tex. App.—Houston [14th Dist.] Feb. 3, 2009).published
- Horace Alexander v. State, No. 14-08-00124-CR (Tex. App.—Houston [14th Dist.] Jan. 27, 2009).unpublished
- Soffar, Max Alexander, No. AP-75,363 (Tex. Crim. App. Nov. 18, 2009).published
- Dario Ramiro Acevedo v. State, No. 04-10-00025-CR (Tex. App.—San Antonio Mar. 23, 2011).unpublished
- in the Matter of Z.J.R., No. 04-09-00008-CV (Tex. App.—San Antonio Mar. 3, 2010).published
At page 732 Determining admissibility of same-transaction contextual evidence34 citing cases“same-transaction contextual evidence results when an extraneous matter is so intertwined with the state's proof of the charged crime that avoiding reference to it would make the state's case incomplete or difficult to understand.”
- Cade, Tyrone, No. AP-76,883 (Tex. Crim. App. Feb. 25, 2015).unpublished (Same-transaction contextual evidence results when an extraneous matter is so intertwined with the State’s proof of the charged crime that avoiding reference to it would make the State’s case incomplete or difficult to…)
- Jose Alexander Carrera v. State of Texas, No. 11-22-00245-CR (Tex. App.—Eastland May 16, 2024).unpublishedSee Carpenter v. State, No. 11-15-00323-CR, 2018 WL 3763773 at *4 (Tex. App.—Eastland Aug. 9, 2018, no pet.) (mem. op., not designated for publication) (“The jury is entitled to know all of the ‘relevant surrounding facts and circumstances…
- Marcus Gardner v. State of Texas, No. 02-20-00018-CR (Tex. App.—Fort Worth Sept. 9, 2021).unpublishedAnn. art. 37.07, § 3(g). 3 Prible v. State, 175 S.W.3d 724, 732 (Tex. Crim.
- Johnathan Ross Nickerson v. State, 478 S.W.3d 744 (Tex. App.—Houston [1st Dist.] 2015).published
- Lauren Ashley Adetunji v. State, No. 14-11-00778-CR (Tex. App.—Houston [14th Dist.] Feb. 25, 2014).unpublished
- Miguel Balderas v. State, No. 13-09-00280-CR (Tex. App.—Corpus Christi Dec. 9, 2010).unpublished
- King v. State, 189 S.W.3d 347 (Tex. App.—Fort Worth 2006).published
- Austin v. State, 222 S.W.3d 801 (Tex. App.—Houston [14th Dist.] 2007).published
- Krystal Rena King v. State, No. 02-04-00515-CR (Tex. App.—Fort Worth Mar. 16, 2006).published
- Boyce Dee Phillips v. State, No. 06-06-00018-CR, 2006 Tex. App. LEXIS 10622 (Tex. App.—Texarkana Dec. 14, 2006).published
Show 20 more citing cases
- Moses Jimenez v. State, No. 08-05-00046-CR (Tex. App.—El Paso Oct. 26, 2006).published
- Jeremy Wayne Matthews v. State, No. 10-09-00027-CR (Tex. App.—Waco Dec. 30, 2009).unpublished
- Eloy Jasso Cedillo v. State, No. 13-03-00689-CR (Tex. App.—Corpus Christi June 29, 2006).unpublished
- Robinson Jr., Marion v. State, No. 14-05-00334-CR (Tex. App.—Houston [14th Dist.] May 25, 2006).unpublished
- Irlas, Arturo v. State, No. 14-06-00235-CR (Tex. App.—Houston [14th Dist.] May 22, 2007).unpublished
- Jeffrey Lynn Carter v. State, No. 14-06-00115-CR (Tex. App.—Houston [14th Dist.] Jan. 9, 2007).unpublished
- Abel Morales Almaguer v. State, No. 14-06-00996-CR, 2008 Tex. App. LEXIS 4319 (Tex. App.—Houston [14th Dist.] June 12, 2008).unpublished
- Cargill, Kimberly, No. AP-76,819 (Tex. Crim. App. Nov. 19, 2014).unpublished
- Jesse James Rodriguez v. State of Texas, No. 11-12-00021-CR (Tex. App.—Eastland Jan. 30, 2014).unpublished
- Sunny J. Hignojos v. State, No. 11-12-00358-CR (Tex. App.—Eastland July 18, 2013).unpublished
- Casey Brent Sutterfield v. State, No. 11-12-00152-CR (Tex. App.—Eastland Mar. 28, 2013).unpublished
- Miguel Maldonado v. State, No. 01-12-00108-CR (Tex. App.—Houston [1st Dist.] Oct. 4, 2012).unpublished
- Johnathan Ross Nickerson v. State, No. 01-14-00096-CR (Tex. App.—Houston [1st Dist.] Oct. 26, 2015).published
- Roger Allen Stulce, Jr. v. State, No. 05-14-01226-CR, 2016 WL 4218594 (Tex. App.—Dallas Aug. 9, 2016).unpublished
- Tarius Manuere v. State, No. 10-13-00384-CR (Tex. App.—Waco Aug. 27, 2015).unpublished
- Quincy Niegbe Davis v. State, No. 01-16-00919-CR (Tex. App.—Houston [1st Dist.] Dec. 5, 2017).unpublished
- Jereme Paul Nesloney v. State of Texas, No. 13-23-00306-CR (Tex. App.—Corpus Christi–Edinburg Apr. 4, 2024).unpublished
- Johnson, Matthew Lee, No. AP-77,030 (Tex. Crim. App. Nov. 18, 2015).unpublished
- Terrence Coleman v. State, No. 02-18-00471-CR, 2020 WL 241975 (Tex. App.—Fort Worth Jan. 16, 2020).unpublished
- Kendarius Williams v. State of Texas, No. 02-24-00176-CR (Tex. App.—Fort Worth May 22, 2025).unpublished
At page 734 Considering factors for admitting gruesome photographs21 citing cases“In deciding whether photographs are 63 unfairly prejudicial, we must also consider the following factors: the number of photographs, the size, whether they are in color or black and white, whether they are gruesome, whether any bodies are clothed or naked, and whether a body has been altered by aut…”
- Mark Anthony Briseno v. State of Texas, No. 09-24-00177-CR (May 27, 2026).unpublished“In deciding whether photographs are 63 unfairly prejudicial, we must also consider the following factors: the number of photographs, the size, whether they are in color or black and white, whether they are gruesome, whe…”
- David Michael Thompson v. State of Texas, No. 12-24-00025-CR (Tex. App.—Tyler Nov. 6, 2024).publishedPrible v. State, 175 S.W.3d 724, 734 (Tex. Crim.
- Dameon Tarrel Williams v. State of Texas, No. 12-22-00107-CR (Tex. App.—Tyler June 8, 2023).publishedPrible v. State, 175 S.W.3d 724, 734 (Tex. Crim.
- In re City of Lubbock, 666 S.W.3d 546 (Tex. Crim. App. 2023).publishedApp. 2004) (same); Prible v. State, 175 S.W.3d 724, 734 (Tex. Crim.
- Gboweh Dickson George v. State, 446 S.W.3d 490 (Tex. App.—Houston [1st Dist.] 2014).published
- Abraham Jacob Proenza v. State, 471 S.W.3d 35 (Tex. App.—Corpus Christi 2015).published
- Prescott, Hosea v. State, No. 14-04-01046-CR (Tex. App.—Houston [14th Dist.] May 25, 2006).unpublished
- Thomas, Andre, No. AP-75,218 (Tex. Crim. App. Oct. 8, 2008).published
- Long, Steven L., No. AP-75,539 (Tex. Crim. App. Apr. 8, 2009).published
- Harris, Roderick, No. AP-76,810 (Tex. Crim. App. May 21, 2014).published
Show 9 more citing cases
- Hermilo Moralez v. State, 450 S.W.3d 553 (Tex. App.—Houston [14th Dist.] 2014).published
- Collin Rider v. State, No. 06-12-00170-CR (Tex. App.—Texarkana Apr. 25, 2013).unpublished
- La-John Gabriel v. State, No. 04-11-00548-CR (Tex. App.—San Antonio Dec. 31, 2012).unpublished
- Brian Hernandez v. State, No. 04-11-00025-CR (Tex. App.—San Antonio Jan. 18, 2012).unpublished
- Dadrian Nakia Ayers v. State, No. 05-15-01158-CR (Tex. App.—Dallas May 17, 2016).unpublished
- Dadrian Nakia Ayers v. State, No. 05-15-01157-CR (Tex. App.—Dallas May 17, 2016).unpublished
- Elton Anthony Branch v. State, No. 04-14-00644-CR (Tex. App.—San Antonio Apr. 7, 2015).published
- Proenza, Abraham Jacob, No. PD-1100-15 (Tex. Crim. App. Aug. 26, 2015).published
- Mayreis, Shawn, No. PD-0462-15 (Tex. Crim. App. May 29, 2015).published
At page 737 Determining harmless error under rule 44.2(b)20 citing cases“the jury had already seen and heard about the disturbing circumstances of the children's deaths through properly admitted photographs and testimony.”
- Jessica Briones v. State of Texas, 692 S.W.3d 828 (Tex. App.—San Antonio 2024).published(applying Rule 44.2(b) to erroneous evidentiary ruling)
- Biondi Vernard Rolle v. State, 367 S.W.3d 746 (Tex. App.—Houston [14th Dist.] 2012).published
- Walter v. State, 293 S.W.3d 886 (Tex. App. 2009).published
- Joseph James Simon v. State, No. 01-04-01212-CR (Tex. App.—Houston [1st Dist.] June 8, 2006).unpublished
- Roberson, Jr., Jefrie v. State, No. 01-05-00513-CR (Tex. App.—Houston [1st Dist.] May 18, 2006).unpublished
- Sterling Shepard v. State, No. 03-04-00038-CR, 2006 Tex. App. LEXIS 2793 (Tex. App.—Austin Apr. 6, 2006).unpublished
- Willard Stewart Suggs v. State, No. 06-08-00166-CR (Tex. App.—Texarkana Feb. 17, 2009).unpublished
- Michael E. \Gibson\" Harbert v. State of Texas", No. 11-07-00266-CR (Tex. App.—Eastland May 14, 2009).unpublished
- Bevy Lee Wilson v. State, No. 13-05-00279-CR (Tex. App.—Corpus Christi Aug. 30, 2007).unpublished
- Robert Anthony Perez v. State, No. 07-13-00027-CR (Tex. App.—Amarillo Nov. 13, 2013).unpublished
Show 6 more citing cases
- Ralph Edwin Cressman v. State, No. 10-11-00393-CR, 2012 Tex. App. LEXIS 9849 (Tex. App.—Waco Nov. 29, 2012).unpublished
- Jerry MacK Newland v. State, 363 S.W.3d 205 (Tex. App.—Waco 2011).published
- Petetan, US Carnell Jr. A/K/A Carnell Petetan, Jr., No. AP-77,038 (Tex. Crim. App. Mar. 8, 2017).published
- Patrick Leon Washington v. State, No. 01-17-00905-CR (Tex. App.—Houston [1st Dist.] Mar. 7, 2019).unpublished
- Victor Hugo Jasso v. State of Texas, No. 01-23-00380-CR (Tex. App.—Houston [1st Dist.] Mar. 21, 2024).unpublished
- Rodolfo Martinez Alvarez v. State, No. 13-17-00214-CR (Tex. App.—Corpus Christi Aug. 29, 2018).unpublished
At page 736 Balancing probative value against unfair prejudice of evidence4 citing casesconcluding that although admission of autopsy photos was error under Rule 403, the State’s use of these autopsy photographs did not affect appellant’s substantial rights
- Biondi Vernard Rolle v. State, 367 S.W.3d 746 (Tex. App.—Houston [14th Dist.] 2012).published
- Jackson, Christopher Devon, No. AP-75,707 (Tex. Crim. App. Jan. 13, 2010).published
- Melisa Ann Miller v. State, No. 09-18-00379-CR (Tex. App.—Beaumont Apr. 29, 2020).unpublished
At page 735 Admissibility of crime scene photographs under rule 4032 citing caseshibit 52 more clearly depicts Valerie’s body lying face-down on the bed. In State’s Exhibit 55, Valerie is lying face-up on the bed, after being rolled over by…
- Biondi Vernard Rolle v. State, 367 S.W.3d 746 (Tex. App.—Houston [14th Dist.] 2012).published
v.
the STATE of Texas
OPINION
COCHRAN, J.,delivered the opinion of the Court
in which MEYERS, PRICE, WOMACK, JOHNSON and HOLCOMB, JJ., joined.In October 2002 appellant was convicted of capital murder for intentionally and knowingly causing the deaths of Esteban Herrera and Nilda Tirado in the same criminal transaction. [1] Pursuant to the jury’s answers to the special issues set forth in Texas Code of Criminal Procedure Article 37.071, Sections 2(b) and 2(e), the trial court sentenced appellant to death. Direct appeal to this Court is automatic. [2] Appellant raises eight points of error. We will affirm.
FACTS
In March and April, 1999, appellant committed a series of bank robberies in Houston, Texas. He purportedly planned to use the proceeds of the robberies to go into business with his friend, Esteban (“Steve”) Herrera. Appellant’s plan never came to fruition, however, because Steve Herrera and his family were murdered in their home in Houston in the early morning hours of April 24,1999. Appellant was the last person seen with Steve at his house prior to the murders.
Steve Herrera’s brother, Edward, testified that he and Steve both sold drugs, and he often supplied Steve with drugs. A week before the murders, Edward went to the house that Steve shared with his girlfriend, Nilda Tirado, and their three children. Edward, Steve, and appellant played pool and drank beer in Steve’s garage that night. When Steve went inside the house, appellant told Edward that he and Steve planned to open a bar together. Edward testified that Steve never told him that he had any plans to go into business with appellant.
Edward saw appellant at Steve’s house again on the evening of April 21. They-played pool in the garage, and Steve went inside the house at one point. While Steve was inside, Edward saw appellant take a large amount of money out of his own wallet and count it.
On April 23, Steve paged Edward at 9:00 p.m. and 11:00 p.m. When Edward returned his pages, Steve asked if Edward could get him some cocaine. Steve called Edward from appellant’s cell phone at 2:00 or 2:30 a.m. and said he was on his way home. Edward received pages again at 3:00 and 4:00 a.m. He spent the night at a friend’s house that night, and he did not learn what happened to Steve and his family until the next morning.
Steve’s brother-in-law, Victor Martinez, testified that he went to Steve’s house in his white Ford Escort shortly after 10:00 p.m. on April 23. When he arrived, the garage door was raised and Steve and appellant were drinking beer and playing pool in the garage. Sometime around midnight, Nilda opened the door and called to Steve. He walked over to her and they[*727] exchanged a few words and a kiss, then she went back inside and the men continued playing pool. During the course of the evening, Victor Martinez heard Steve and appellant talk about trying to get some cocaine from Edward.
They decided to go to a nightclub, Rick’s Cabaret, at 12:30 a.m., so Steve lowered the garage door, and the three men left in Martinez’s car. They arrived at around 1:00 a.m. and left sometime after 2:00 a.m. It took them about fifteen or twenty minutes to drive back to Steve’s house. On the way home, Steve used appellant’s phone to page Edward. When they returned, they talked in front of the house while Steve and appellant smoked marijuana, then Steve and appellant went inside the garage, and Martinez drove home. Martinez testified that when he left, the garage door was raised and Steve and appellant were playing pool. Martinez arrived home at about 3:30 a.m. and went directly to bed. He testified that he never saw appellant enter Steve’s house that evening.
Gregory Francisco, who lived across the street from Steve Herrera, testified that he saw Steve in his driveway with two of his children at 4:30 or 5:00 p.m. on April 23. At 9:00 or 9:30 p.m., he noticed that Steve’s garage door was lowered to shoulder-level and that there were people inside the garage listening to music. Some vehicles were parked in front of the house, including a white car that looked like a Ford Escort. He went to bed at about 12:30 a.m. When he went outside at approximately 6:00 a.m. the next morning, Steve’s garage door was lowered and he saw smoke and heard loud music coming from the house. No one answered the front door when Francisco and his wife rang the doorbell, so they tried to enter the house through the side door to the garage. The door was hot, and there was smoke coming out from under it. Francisco kicked the door open and saw Steve lying face-down in a pool of blood inside the garage, so he told his wife to call 911. Firefighters arrived shortly thereafter and found Nilda’s badly burned body on a couch in the living room. The fire was confined to the couch area and was merely smoldering at the time, but the house was filled with smoke. Firefighters also discovered the bodies of Steve’s seven-year-old daughter, Valerie Herrera, and Nilda’s seven-year-old daughter, Rachel Elizabeth Cumpian, in one bedroom, and the body of Steve and Nilda’s twenty-two-month-old daughter, Jade Herrera, in the master bedroom. The children’s bodies were covered in soot, and they appeared to have died from smoke asphyxiation.
Investigator Marshall J. Kramer testified that flammable liquids were used to deliberately set the fire in the living room. A burned red plastic gasoline container, an aerosol can, and a roll of paper towels soaked in a flammable liquid were on the living room floor, and a burned one-gallon metal can was on the couch next to Nilda’s body. The metal can contained Kutzit, an extremely flammable liquid that is normally used to dissolve tile glue. Other cans of Kutzit were found in lockers inside the garage and in a storage shed behind the house. Nilda was lying face-down on the couch, and there was blood around her head. Her body was “charred from the exterior.” Kutzit or gasoline had been poured on her body and the couch. Police found a spent bullet under the carpet where the couch was located. There were no signs of forced entry, and Steve had a wallet in his back pocket that contained approximately $900.
The medical examiner who performed the autopsies testified that the three children died from inhaling toxic levels of soot and carbon monoxide. Steve’s death was[*728] caused by a penetrating gunshot wound to the back of his neck which severed the connection between his brain and spinal cord. The stippling around the wound indicated that the gun was fired within eighteen inches of his body. There was no exit wound and the bullet was recovered from his body. Nilda died from a perforating gunshot wound to her neck that severed her spinal cord. The bullet entered her neck on the back right side and exited the front left side. She suffered severe burns along the entire back side of her body that were consistent with a flammable substance being poured on her body and set afire after she had been shot. Sperm cells were found on oral, vaginal, and anal swabs taken during a forensic exam of her body. Steve’s DNA was consistent with the DNA on the vaginal and anal swabs. Appellant’s DNA was consistent with the-DNA on the oral swab.
Appellant gave two written statements to police. In his first written statement, he said Steve picked him up at 8:00 or 9:00 p.m. on April 23, and they went over to Steve’s house to play pool and drink beer in the garage. Martinez joined them at about 11:00 p.m. They later went to Rick’s Cabaret in Martinez’s car and stayed until 2:00 a.m. Martinez drove them back to Steve’s house, where they again played pool and drank beer, and Martinez left twenty or thirty minutes later. At some point, Nilda opened the door leading into the garage and gave Steve “a look,” so appellant “knew it was time to leave.” Steve drove him home in his black Honda Prelude at 4:00 a.m., and he went straight to bed.
Appellant later changed his story when a detective asked him what he would do if his semen was found in or on Nilda’s body. In his second written statement, he added that he had been having an affair with Nilda. He said that he went inside the house at one point during the evening while Steve remained in the garage. He and Nilda went into a bathroom, and he bent her over the sink and began having sex with her. They stopped because they mistakenly thought they heard Steve enter the house. Then Nilda began “sucking [his] dick and jacking [him] off,” and he did not remember “if [he] came or not.” He went back into the garage afterwards and told Steve to take him home. He claimed that he and Nilda had only “messed around” and kissed on prior occasions, and that night was the first time they had sex. He said he had never told anyone about their affair because it would ruin Nilda’s reputation.
Police searched the home where appellant lived with his parents and found guns, boxes of ammunition, and receipts for guns and ammunition. Police also found a semiautomatic-pistol magazine that did not fit any of the weapons that were recovered. Firearms examiner Matthew Clements examined the spent bullet found in the living room and the bullet recovered from Steve’s body and concluded that they were fired from the same weapon. Clements testified that the magazine recovered from appellant’s home was identical in design to a magazine for a nine-millimeter Ruger P85 pistol. [3]
In May 1999, shortly after the murders of Steve Herrera and Nilda Tirado, appellant confessed to committing March and April bank robberies, and he was convicted in federal court in September 1999. Michael Beckcom, a fellow inmate at the fed[*729] eral prison in Beaumont, testified against appellant at trial. Beckcom testified that appellant told him that he committed the murders. Appellant explained to Beckcom that he killed Steve because he “took $250,000 of [his] hard-earned money.” [4] He said that he and Steve argued about the money in the “pool room,” and that he thought Steve was going to kill him, so he shot him in the back of the head. Nilda came into the garage during the argument and ran inside the house to call the police. He shot Nilda in the back of the head and she fell face down onto the couch. He looked for the money inside the house and could not find it. He stated that he set the fire to cover his tracks, and that the children were in bed and died from smoke inhalation. He bragged to Beckcom, “Anybody that can go into a house and take out a whole family and get out without being seen is a bad mother fucker, and I’m that mother fucker.”
Beckcom testified that appellant told him that the police had DNA evidence, but Steve and Nilda had an open relationship, and it was common knowledge that he and Nilda were having an affair. He said police were looking for a .88 caliber pistol, but that gun was not the murder weapon, and it was “clean” because he had sold it to “some girl.” He also stated that police found two drops on his shoe that looked like blood but were actually catsup.
Angela Serna Alvarez and Cynthia Garcia Flores, two of Nilda’s closest friends, testified that they had no knowledge of the alleged affair. Moreover, Ms. Alvarez testified that Nilda once told her that she did not like appellant and that he gave her “the creeps.” Ms. Flores also testified that Nilda once told her that she was tired of appellant being at her house and that he gave her “the creeps.” Vincent Flores, Cynthia’s husband, testified that he did not believe that Steve and Nilda had an open relationship, and he said that Steve once got angry at him for “putting a move” on Nilda.
During the defense case-in-chief, appellant’s mother, Sandra Prible, testified that she met Beckcom while visiting appellant at the federal prison, after she had sent appellant a copy of the probable-cause affidavit in his capital-murder case. J. Brent Liedtke, a former attorney and fellow inmate at the federal prison, testified that he saw the copy of the probable cause affidavit when he helped appellant with his case, and he saw appellant show it to other inmates as well. Brian Maurice Fuller, a former federal prison inmate, testified that, in his opinion, Beckcom was opportunistic and untruthful. Christine Bartol-la, appellant’s friend, testified that she bought a .38 Special Taurus revolver from appellant in November 1998 and returned the gun to his father in November 2001. Appellant’s former neighbor, Christina Gurrusquieta, testified that she looked out her window on the night of the murder and saw appellant and Steve talking in appellant’s driveway sometime after 1:00 a.m., then Steve left and appellant went inside the house.
SUFFICIENCY OF THE EVIDENCE
In his sixth point of error, appellant argues that the evidence is legally insufficient to support his conviction for capital murder. In evaluating the legal sufficiency of the evidence, we must view the[*730] evidence in the light most favorable to the verdict and determine whether any rational trier of fact could have found the essential elements of the offense beyond a reasonable doubt. [5]
To convict appellant of capital murder, the jury had to find beyond a reasonable doubt that appellant murdered Nilda Tira-do and Steve Herrera by shooting each of them with a firearm during the same criminal transaction. The State presented evidence that: 1) appellant was the last person seen with Steve at the house prior to the murders; 2) he had a motive to kill Steve; 3) the bullets that killed Nilda and Steve were fired from the same weapon; 4) appellant’s sperm was deposited in Nil-da’s mouth at some point prior to her death; 5) a fire was set to destroy physical evidence, including evidence of appellant’s DNA; and 6) appellant admitted to Beck-com that he committed the murders. Appellant argues that Beckcom’s testimony was “questionable” because he testified in the hope of having his own sentence reduced and he “could have learned the details of the alleged offense through the probable cause affidavit in the appellant’s possession.” Beckcom, however, testified about some details that were not contained in the probable cause affidavit. For example, he knew that there was a pool table in the garage and appellant had drops of catsup on his shoe. Beckcom’s testimony also contradicted or excluded some details that were contained in the probable cause affidavit. He testified that appellant told him that Steve “took $250,000 of [his] hard-earned money,” but the amount recited in the probable cause affidavit was $45,000. He knew that the police had DNA evidence and that appellant claimed to have had an affair with Nilda, but he apparently did not know about appellant and Nilda’s alleged sexual encounter in the bathroom while Steve was in the garage. The jury was free to take these discrepancies into account and to believe or disbelieve Beckcom’s testimony based on their evaluation of his credibility.
Appellant asserts that the scientific testimony was “equally questionable” because the medical examiner could not conclusively determine the exact time at which appellant’s semen was deposited in Nilda’s mouth. Appellant claimed that their sexual encounter was consensual, but other evidence supported the State’s theory that the encounter was non-consensual. Only Nilda’s body was set on fire-presumably to cover up evidence of sexual assault-and Nilda’s friends testified that she disliked appellant.
Appellant further contends that is it “inconceivable” that he committed the offense because “[t]here was no evidence of blood, soot, or any combustible materials either on [him] or his clothing.” The evidence showed that the murders took place in the early morning hours of April 24, and the police did not arrive at appellant’s house until approximately 5:00 p.m. that evening. The jury could have rationally concluded that appellant had ample time to dispose of this type of physical evidence.
Based on the evidence at trial, a rational jury could have concluded beyond a reasonable doubt that appellant committed the murders of Nilda Tirado and Steve Herrera during the same criminal transaction. [6] Point of error six is overruled.
In his seventh point of error, appellant contends that the evidence is factually insufficient for the same reasons expressed in his sixth point of error. In a factual-sufficiency review, we view all of[*731] the evidence in a neutral light, and we set the verdict aside only if the evidence is so weak that the verdict is clearly wrong and manifestly unjust, or the contrary evidence is so strong that the standard of proof beyond a reasonable doubt could not have been met. [7] A clearly wrong and unjust verdict occurs where the jury’s finding is “manifestly unjust,” “shocks the conscience,” or “clearly demonstrates bias.” [8]
In this case, the same facts that make the evidence legally sufficient also make it factually sufficient. The evidence supporting the verdict was not so weak as to be clearly wrong and manifestly unjust, nor was the contrary evidence so strong that the standard of proof beyond a reasonable doubt could not have been met. [9] Point of error seven is overruled.
EVIDENCE OF THE CHILDREN’S DEATHS
Evidence of the Children’s Deaths and Rule iOi(b)
In his first point of error, appellant argues that the trial court improperly admitted evidence of extraneous offenses under Rule 404(b). Appellant was charged only with causing the deaths of Steve Herrera and Nilda Tirado, but the trial court permitted the State to introduce evidence that their three children also died from smoke inhalation caused by the fire.
A trial court’s ruling on the admissibility of extraneous offenses is reviewed under an abuse of discretion standard. [10] As long as the trial court’s ruling was within the “zone of reasonable disagreement,” there is no abuse of discretion, and the trial court’s ruling will be upheld. [11]
While evidence of other crimes, wrongs, or acts is not admissible “to prove the character of a person in order to show action in conformity therewith,” it may be admissible for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident. [12] The fist of exceptions under Rule 404(b) is “neither mutually exclusive nor collectively exhaustive.” [13] This Court has held that such extraneous-offense evidence is also admissible to corroborate certain kinds of statements and testimony, such as to rehabilitate an impeached witness or corroborate a defendant’s confession. [14] In this case, the State used the evidence of the children’s deaths to support the testimony of a jailhouse informant, Michael Beckcom. This information corroborated the defendant’s confessions to Beckcom by detailing the manner in which the crimes were committed with information that Beckham could not have obtained except from appellant himself.
In addition to corroborating a defendant’s confession, extraneous-offense evidence may also be admissible as same-transaction contextual evidence, where “several crimes are intermixed, or blended with one another, or connected so that they form an indivisible criminal transac[*732] tion.” [15] In that situation, “the jury is entitled to know all relevant surrounding facts and circumstances of the charged offense; an offense is not tried in a vacuum.” [16] That is precisely what occurred here.
In this ease, the trial court stated that the evidence was admissible as same-transaction contextual evidence. This decision was within the zone of reasonable disagreement. Same-transaction contextual evidence results when an extraneous matter is so intertwined with the State’s proof of the charged crime that avoiding reference to it would make the State’s case incomplete or difficult to understand. [17]
Although it is a delicate business, and there is the danger that evidence of the “collateral consequences” of a defendant’s actions may improperly divert the jury from the charged offense or introduce significantly more prejudice than evidentiary value, it was not an abuse of discretion in this case for the trial court to conclude that the murders of Steve and Nilda and the deaths, by smoke inhalation, of their three children were so connected that they formed an indivisible criminal transaction.
First, evidence of the children’s deaths was part of the crime scene. That evidence was necessary to fully understand the situation as neighbors and firefighters found it. From the moment the Herrera’s neighbor noticed their house was on fire, all of the people who arrived at the scene were concerned about the survival and safety of all five family members inside the home. The neighbor testified that although the smoke made it virtually impossible to breathe, he tried to break into the home repeatedly because he thought he heard the baby cry. Additionally, the firefighters who testified stated that they, too, made multiple trips into the smoke-filled home in an attempt to find survivors. Testimony concerning the search for, and discovery of, the children in the upstairs bedrooms was an integral part of the discovery of the murder victims and description of the crime scene. Second, the children’s deaths were a direct consequence of appellant’s conduct of setting fire to Nilda. According to appellant’s own statements to Michael Beckcom, he set Nilda’s body on fire in the living room, knowing that the children were asleep in the bedrooms of the house. And although the fire self-extinguished in the living room, it is a fair inference that appellant thought that the fire would spread throughout the rest of the house, killing the children and destroying all of the crime-scene evidence contained inside it. Thus, Steve and Nilda’s murders are so intertwined with the deaths of their children that the State’s case might well be incomplete without some mention of the children’s presence in the home. Under these circumstances, testimony about the children’s deaths fills in gaps of the interwoven events and consequences of a defendant’s criminal conduct and thus helps the jury to understand the case in context. In light of the above, the trial court did not abuse its discretion in admitting the evidence of the children’s deaths despite appellant’s Rule 404(b) objection. Point of error one is overruled. Evidence of the Children’s Deaths and Rule 4.03
Appellant next argues that the trial court’s admission of evidence that the children died in the house fire violated[*733] Rule 403. In point of error two, appellant generally challenges the admission of “the facts and circumstances surrounding the deaths of the complainants’ three children.” In point of error four, he argues that the trial court erred in admitting “the autopsy photographs depicting the dissection of each of the three bodies of the complainants’ children.” In point of error five, he asserts that the trial court erroneously admitted “the crime scene photographs of the three bodies of the complainants’ children.”
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.
A proper Rule 403 analysis includes, but is not limited to, the following factors: (1) the probative value of the evidence; (2) the potential to impress the jury in some irrational, yet indelible, way; (3) the time needed to develop the evidence; and, (4) the proponent’s need for the evidence. [18]
This evidence had probative value to a contested matter-Beekcom’s credibility. Beckcom, a key witness in the State’s case against appellant, testified that appellant told him that the children were in bed when he set the fire and that they died from smoke inhalation. Evidence of these particular facts and circumstances corroborated Beckham’s assertions and enhanced his credibility. Moreover, Beckcom’s knowledge of these facts and circumstances was also probative to show that it was, in fact, appellant who committed the crime. [19] As for potential prejudice, appellant argues that the admission of this evidence “carried with it the clear danger that the jury would be confused by the nature of the charge against the appellant.” However, there was little likelihood that the evidence would encourage the jury to reach an irrational verdict or act on the basis of emotion. Although the children’s deaths were tragic, evidence of their deaths did nothing to prove that appellant was responsible for the murders of Steve and Nilda. No matter how angry the jury might have been about the children’s deaths, that emotional response could be connected to appellant only if the jury first found that he caused their parents’ deaths. Therefore, the relatively strong probative value of the evidence was not substantially outweighed by the mere possibility of unfair prejudice. The trial court did not abuse its discretion in admitting this evidence. Point of error two is overruled.
Evidence of the Children’s Deaths and Due Process
In point of error three, appellant raises a constitutional challenge to the admission of the evidence that the children died from smoke inhalation caused by the fire. He argues that the “admission of the extraneous offense deprived [him] of a fair and impartial trial, in violation of his right to due process.” For the same reasons expressed in the previous point of error, we hold that the admission of this evidence did not deny appellant a fair and impartial trial. The properly admitted same-transaction contextual evidence did not offend appellant’s due-process rights. Point of error three is overruled.
Crime-Scene Photographs of the Children and Rule W3
We next turn to appellant’s complaints regarding the trial court’s ad[*734] mission of photographs. Appellant contends that even if the admission of the crime-scene and autopsy photographs of the children were admissible under Rule 404(b), they were unfairly prejudicial and thus violated Rule 403. The decision to admit or exclude photographic evidence is generally left to the sound discretion of the trial court. [20] In deciding whether photographs are unfairly prejudicial, we must also consider the following factors: the number of photographs, the size, whether they are in color or black and white, whether they are gruesome, whether any bodies are clothed or naked, and whether a body has been altered by autopsy. [21]
Outside the presence of the jury, appellant objected to the crime scene photographs depicting the children’s bodies. In response, the trial court excluded five of the challenged photographs. Seven photographs depicting the children’s bodies and their locations were admitted before the jury. [22] Five of these photographs depict the bodies of Rachel and Valerie as they were found in their bedroom, and two of the photographs depict Jade’s body as she was found in the master bedroom. [23]
Specifically, State’s Exhibit 47 shows Rachel lying face-down on the bedroom floor. In State’s Exhibit 49, Rachel is lying face-up on the floor, after being rolled over by the paramedics. State’s Exhibit 50 shows Valerie’s bed, with her body lying face-down at the top of the bed and parallel to the headboard. State’s Ex[*735] hibit 52 more clearly depicts Valerie’s body lying face-down on the bed. In State’s Exhibit 55, Valerie is lying face-up on the bed, after being rolled over by the paramedics. The other two photographs depict Jade’s body as it was found in the master bedroom. State’s Exhibit 68 shows Jade lying face-up on the floor next to the bed, and State’s Exhibit 65 offers a closer view of her body.
In all of the photographs, the children are wearing their bedclothes, and their bodies are covered in soot. The photographs of the children lying face-up show the soot and mucus that accumulated in and around them mouths and noses. Although deceased, the children were not mutilated or charred. With the exception of the discoloration around their noses and mouths, they look like they are sleeping. The danger of unfair prejudice from the admission of these photos is small, particularly because the jury also viewed extremely grisly photographs of Nilda’s badly burned body.
These photographs accompanied the testimony of Marshall J. Kramer, who investigated the crime scene. Kramer testified that the children’s bodies were found in the bedrooms and that the accumulation of soot and mucus in their mouths and noses was indicative of smoke asphyxiation. Here, Rule 403 did not prohibit witnesses from testifying that the children died from smoke inhalation as a result of the fire. The crime scene photographs depicting the location and condition of the children’s bodies were limited in number, and the State focused on them only to the extent necessary to explain the neighbor’s and firefighters’ attempts to account for all of the inhabitants of the house and to corroborate Beckcom’s testimony. Therefore, the probative value of the crime-scene photographs was not substantially outweighed by the danger of unfair prejudice, and the trial court did not abuse its discretion in admitting these photographs over appellant’s Rule 403 objection. [24] Point of error five is overruled.
Autopsy Photographs of the Children and Rule ⅛03
We now turn to whether the admission of the children’s autopsy photographs violated Rule 403. In a hearing outside the presence of the jury, appellant objected to the autopsy photographs depicting the “dissected body parts” of the children. Defense counsel argued that the photographs were unnecessary and unfairly prejudicial, and offered to stipulate to the cause of death. The trial court admitted the photographs over defense counsel’s objection.
The record contains twelve color photographs taken during the children’s autopsies. All of the photographs are detailed close-ups, and the medical examiner used[*736] instruments to hold the organs open in some of them.
Specifically, State’s Exhibits 144 through 146 are photographs taken during the autopsy of Rachel. State’s Exhibit 144 is a picture of her “neck organs,” showing a thick layer of soot on her tongue and into the opening of her larynx. State’s Exhibit 145 offers a closer view of the carbon material going down into her larynx. State’s Exhibit 146 is a picture of her lungs, which have been dissected to show the amount of carbon material contained within them.
State’s Exhibits 159 through 162 are photographs taken during the autopsy of Valerie. State’s Exhibit 159 depicts her “neck organs,” with a thick layer of carbon material from the tip of the tongue to the trachea. State’s Exhibit 160 is a closer view of the larynx. State’s Exhibit 161 depicts her dissected lungs and the amount of carbon material contained within them. State’s Exhibit 162 is a picture of her esophagus, showing the amount of carbon material that entered her stomach.
State’s Exhibits 167 through 171 are photographs taken during the autopsy of Jade. State’s Exhibit 167 shows her dissected lungs and the amount of carbon material contained within them. State’s Exhibit 168 is a closer view of one of her lungs. State’s Exhibit 169 depicts the amount of carbon material on her dissected tongue, and State’s Exhibit 170 depicts the amount of carbon material in her larynx. State’s Exhibit 171 is a picture of her stomach, showing the amount of carbon material inside it.
The State did not need the autopsy photographs of the children’s dissected internal organs to fully explain the crime scene or to corroborate Beckcom’s testimony. Sufficient corroboration was provided by witness testimony, autopsy reports, crime scene photographs, and other autopsy photographs of the children’s bodies before their internal organs had been removed. Furthermore, the cause of the children’s death was not disputed. Most important, appellant was not charged with murdering them. [25] Thus, the minimal probative value of the autopsy photographs at issue, if any, was substantially outweighed by the danger of unfair prejudice, confusion of the issues-by unduly focusing the jury’s attention upon the deaths of the children rather than the deaths of their parents for which appellant was charged- and needless presentation of cumulative evidence. The trial court abused its discretion in admitting the photographs over appellant’s Rule 403 ob[*737] jection. [26]
Finding error in the admission of evidence, however, does not end our analysis. We must next determine whether the error was harmless under Rule 44.2(b). Although it is a close call, we cannot conclude that the State’s use of these autopsy photographs affected appellant’s substantial rights. Appellant argues in his brief that the State emphasized the children’s deaths to the jury and argued his bad character because he could “take out a whole family and come out clean.” While appellant is correct and such argument is improper, we cannot see how the State’s argument would have been affected had the autopsy photographs been excluded. Even the slightest reference to the crime scene and the children’s deaths could still support that argument. And there are additional reasons for our conclusion. First, at the time of their admission, the jury had already seen and heard about the disturbing circumstances of the children’s deaths through properly admitted photographs and testimony. Second, these photographs were not particularly gruesome or emotionally charged; they were clinical and depicted disembodied organs and tissue. Third, they pale in comparison to the properly admitted post-mortem photographs of Steve Herrera and Nilda Tirado whose deaths appellant was charged with intentionally causing. Fourth, the State, while emphasizing appellant’s admission to Beckcom that he had “taken out” an entire family, did not dwell upon or emphasize the improperly admitted post-autopsy photographs of the children. Fifth, these photographs have nothing to do with the disputed issue at trial of whether appellant murdered the children’s parents as charged. Thus, these photographs do not affect the determination of appellant’s guilt in this case and would not emotionally sway a factfinder until and unless he had found that appellant was the person who had caused the parents’ deaths. [27] In sum, we conclude that the erroneous admission of the autopsy photographs depicting the children’s internal organs did not affect appellant’s substantial rights. [28] Point of error four is overruled.
PUNISHMENT PHASE
In point of error eight, appellant asserts that the trial court improperly instructed the jury that they could not consider sympathy when answering the special issues. Appellant argues that this anti-sympathy charge restricted the effect of the mitigation evidence and violated his Eighth Amendment right against cruel and unusual punishment.
We have previously held that anti-sympathy charges do not unconstitutionally contradict mitigation instructions. [29] We have further held that anti-sympathy charges are appropriate in that they properly focus the jury’s attention on those factors relating to the moral culpability of the defendant. [30] Finding no error in this punishment change, we overrule appellant’s eighth point of error.
[*738] We affirm the judgment of the trial court.
KELLER, P.J., KEASLER and HERVEY, JJ., concurred.. Tex. Penal Code § 19.03(a).
. TexCode Crim. Proc. art. 37.071, § 2(h).
. Although it is clear from the evidence presented at trial that Steve and Nilda were both killed with the same weapon, it is unclear what exact type of gun was used. The recovered bullets were consistent with several types of firearms, including a Ruger P85 and a .38 caliber pistol. The murder weapon was never recovered.
. The evidence presented at trial showed that the amount of money that appellant obtained in the bank robberies was far less than $250,000. Detective Shane-McCoy testified that appellant took $9,690 in the first robbery, $12,914 in the second robbery, $9,571 in the third robbery, $3,979 in the fourth robbery, $3,175 in the fifth robbery, and $6,660 in the sixth robbery, for a total of'$45,929.
. See Jackson v. Virginia, 443 U.S. 307, 319, 99 S.Ct. 2781, 61 L.Ed.2d 560 (1979).
. Jackson, 443 U.S. at 319, 99 S.Ct 2781.
. Zuniga v. State, 144 S.W.3d 477, 481 (Tex.Crim.App.2004).
. Santellan v. State, 939 S.W.2d 155, 164 (Tex.Crim.App.1997).
. Zuniga, 144 S.W.3d at 481.
. Santellan, 939 S.W.2d at 169.
. TexR. Evid. 404(b).
. Montgomery v. State, 810 S.W.2d 372, 388 (Tex.Crim.App.1990).
. Long v. State, 823 S.W.2d 259, 273 (Tex.Crim.App.1992); Crank v. State, 761 S.W.2d 328, 343 (Tex.Crim.App.1988).
. Rogers v. State, 853 S.W.2d 29, 33 (Tex.Crim.App.1993).
. Moreno v. State, 721 S.W.2d 295, 301 (Tex.Crim.App.1986).
. Rogers, 853 S.W.2d at 33.
. Montgomery, 810 S.W.2d at 389-90.
. Appellant argues that Beckcom could have learned of the children’s deaths from smoke inhalation by reading the probable cause affidavit, but there is no evidence in the record that Beckcom actually saw the affidavit.
. Erazo v. State, 144 S.W.3d 487 (Tex.Crim.App.2004); Williams v. State, 958 S.W.2d 186 (Tex.Crim.App.1997). In Erazo, this Court clarified the requirements for the admission of photographs. Recognizing the potential vagueness of past case law, we noted:
We often have said that photographs depicting matters described by admissible testimony are generally admissible. This statement when viewed in isolation is far too broad and provides no guidance to the bench and the bar to determine which photographs may be admitted and which must be excluded.
144 S.W.3d at 489. In attempting to provide a more useful guideline for the admission of photographs, we concluded that:
If there are elements of a photograph that are genuinely helpful to the jury in making its decision, the photograph is inadmissible only if the emotional and prejudicial aspects substantially outweigh the helpful aspects.
Id. at 491-492.
. Narvaiz v. State, 840 S.W.2d 415, 429 (Tex.Crim.App.1992).
. The record contains the original crime scene photographs, which were neither closeup nor particularly detailed. Rule 34.6(g)(2) of the Texas Rules of Appellate Procedure provides for the appellate court’s use of original exhibits:
If the trial court determines that original exhibits should be inspected by the appellate court or sent to that court in lieu of copies, the trial court must make an order for the safekeeping, transportation, and return of those exhibits. The order must list the exhibits and briefly describe them. To the extent practicable, all the exhibits must be arranged in their listed order and bound firmly together before being sent to the appellate clerk. On any party’s motion or its own initiative, the. appellate court may direct the trial court clerk to send it any original exhibit.
TEX. R. APP. P. 34.6(g)(2).
.In his brief, appellant also mentions State’s Exhibits 56, 57, 60, 61, 62, 64, 66, and 67. State's Exhibits 56, 57, and 67 depict the areas where the children were found, after their bodies had been removed. State's Exhibits 60 and 61 are photographs of the master bedroom where Jade is not visible. State’s Exhibit 62 is a photograph of a ceiling vent. State’s Exhibits 64 and 66 were not admitted. Appellant also mentions State's Exhibit 68, which is a crime scene videotape, not a photograph. Appellant’s argument in his brief encompasses only the admission of the crime scene photographs depicting the children’s bodies; thus, we decline to address the admission of these other exhibits.
. Compare Sonnier v. State, 913 S.W.2d 511, 519 (Tex.Crim.App.1995)(crime scene photographs and a videotape were admissible to show the reality of a brutal double murder) with Erazo, 144 S.W.3d at 488 (admission of photograph of fetus removed from murder victim’s womb during autopsy violated Rule 403).
In Erazo, this Court distinguished between the admissibility of crime-scene photographs, which depict the direct and immediate results of a defendant’s actions, and other photographs, such as those taken after an autopsy, which do not depict what the defendant actually did, but rather the collateral results of the crime or steps in the investigatory process far removed from the crime scene as the defendant left it. We stated that:
A crime-scene photograph or an autopsy photograph is not admissible simply to show the death of the individual. These photographs are admissible despite the fact, and because, they show more than the testimony. But that "something more” must be relevant and helpful to the iury.
. The cases that the State relies upon as holding that autopsy photographs are generally admissible as relevant in helping the medical examiner explain the cause of death, deal with autopsy photographs of the victim whose death the defendant was charged with causing. See Rayford v. State, 125 S.W.3d 521, 530 (Tex.Crim.App.2003) (admitting autopsy photos of capital murder victim because one disputed issue was whether victim had been kidnapped and dragged into culvert while alive; photos showed pre-death injuries consistent with kidnapping theory); Salazar v. State, 38 S.W.3d 141, 151 (Tex.Crim.App.2001) (autopsy photographs of capital murder child victim showed child's extensive internal injuries which could not have been caused in the manner defendant had explained them); Rojas v. State, 986 S.W.2d 241, 249 (Tex.Crim.App.1998) (autopsy photos of capital murder victim showing injuries to her pelvic area, although not the cause of her death, were “probative of appellant's mental state at the time of the murder, the specific circumstances of the murder, and the fact that appellant omitted some information from his statements to the police”). In each of those cases, the photographs were probative of some disputed fact concerning the murder victim's death. Here, the children were not the victims of the charged murder, and no one disputed that they died of smoke inhalation which was the ostensible purpose for which they were admitted.
. See Erazo, 144 S.W.3d at 496.
. Appellant does not claim that the autopsy photographs affected the jury’s deliberations during the punishment phase, and thus, we will not address that question.
. Tex.R.App. P. 44.2(b).
. Tong v. State, 25 S.W.3d 707, 711 (Tex.Crim.App.2000); Fuentes v. State, 991 S.W.2d 267, 276 (Tex.Crim.App.1999).
. Tong, 25 S.W.3d at 711; McFarland v. State, 928 S.W.2d 482, 522 (Tex.Crim.App.1996).