Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
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V.						§		COURT DESIGNATION
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***						§		_______________ COUNTY, TEXAS

DEFENDANT'S REQUEST FOR NOTICE OF EXTRANEOUS OFFENSES

TO THE HONORABLE JUDGE OF SAID COURT:

	COMES NOW ***, the Defendant in the above styled and numbered cause, pursuant to the Fifth, Sixth and Fourteenth Amendments of the United States Constitution, Article 1, Sections 10 and 19 of the Texas Constitution, Rules 404(b) and 609(f)of the Texas Rules of Evidence and Article 37.07, Sec. 3, [*insert if necessary* and Article 38.37] of the Texas Code of Criminal Procedure and moves the Court to order the prosecution to give the Defendant written notice prior to trial of any extraneous offense or other act or conduct of the Defendant not the subject of this indictment/information/complaint which the State intends to introduce into evidence against the Defendant.  Failure to inform the Defendant of those extraneous allegations will deprive him/her of notice of the charge against him/her such that he/she cannot adequately prepare for trial, nor be protected from being held twice in jeopardy for the same charge, in derogation of his/her right to notice of the charge against him/her and due process of law as guaranteed to him/her by the Fifth, Sixth and Fourteenth Amendments of the United States Constitution and Article I, Sections 10 and 19 of the Texas Constitution.

	WHEREFORE, PREMISES CONSIDERED, the Defendant prays that the Court order the prosecution to inform defense counsel in writing, prior to trial, of any extraneous offense, act or conduct not alleged in the indictment/information/complaint, which the state intends to introduce into evidence.

Respectfully Submitted,

____________________________________
Attorney Name
State Bar Number
Address
City, State, Zip
Phone 
Fax

Attorney for Defendant
***

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Defendant’s Request for Notice of Extraneous Offenses was served upon the attorney for the State on ________________________, 200___.

____________________________________
Attorney for Defendant

Cause No. __________

STATE OF TEXAS				§		IN THE _______________ COURT
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V.						§		COURT DESIGNATION
						§
***						§		_______________ COUNTY, TEXAS

ORDER

On this day came on to be heard the foregoing Defendant's Request For Notice Of Extraneous Offenses.  The Court, having considered the Motion and argument of counsel, it is hereby:  

__________ (GRANTED, and the State is ordered to reveal to Defense counsel the date, manner and means of any extraneous offense, act or conduct of the Defendant not alleged in the indictment/information/complaint which the State plans to introduce into evidence.  It is ordered that the aforesaid information be provided to Defense counsel in writing on or before the _____ day of 
__________________________, 200___.

__________ (DENIED, to which action of the Court the Defendant duly excepts.)

SIGNED this _____ day of ____________________, 200___.

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JUDGE PRESIDING

[Tex. Code Crim. Proc.  art. 38.37 applies to an offense charged under Chapter 21 (Sexual Offenses), Chapter 22 (Assaultive Offenses), Section 25.02 (Prohibited Sexual Conduct), and Section 43.25 (Sexual Performance by a Child) of the Penal Code, or an attempt or conspiracy to commit such offense, where the victim or complainant is a child.  Include Article 38.37 in your request in any such case.]