Cause No. __________

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

MOTION IN LIMINE AND OBJECTIONS TO
ADMISSION OF EXTRANEOUS OFFENSES

TO THE HONORABLE JUDGE OF SAID COURT:

	Comes Now ***, Defendant in the above styled and numbered cause and files this his/her motion in limine and his/her written objections to the admission of evidence of extraneous offenses and conduct and for good cause would show the court as follows:

1.  The Defendant is charged by a _____ count indictment with the offense of 
_________________ under the authority of Section _________, Texas Penal Code, whereby it is alleged that the Defendant did [allegations from indictment describing offense].

2.  The defense anticipates that the State shall attempt to introduce into evidence acts of sexual contact between the Defendant and the Complainant other than the acts alleged in the indictment.

3.  The Defendant objects to the introduction into evidence before the jury of such extraneous offenses and conduct for the purpose of showing the offense alleged in the indictment occurred or for any other reason because introduction of such evidence would cause the Defendant to be tried as a criminal generally and not just upon the charge alleged against him/her in the indictment; thus,  the probative value of the evidence is substantially outweighed by the danger of unfair prejudice, confusion of the issues and misleading of the jury. Tex. R. Evid. 403.
 
The Defendant would further object to the introduction of such extraneous offenses if he/she has not been given notice in advance of trial of the State's intention to introduce into evidence those alleged offenses so that he/she might adequately prepare to defend against those charges, which would deprive him/her of due process of law as guaranteed by the Fifth and Fourteenth Amendments of the United States Constitution, Article 1, Section 19, of the Texas Constitution and Article 1.04 of the Texas Code of Criminal Procedure, and effective assistance of counsel and the right to be informed of the nature of the accusations against him/her as guaranteed by the Sixth Amendment of the United States Constitution, Article 1, Section 10 and Section 15 of the Texas Constitution and Article 1.05 and 1.051 of the Texas Code of Criminal Procedure.

4.  The defense moves the court to order the prosecuting attorney to approach the bench before the state offers evidence of any extraneous offenses alleged to been have committed by the Defendant and make known the state's contention that such matters are admissible and requests that a hearing be held outside the presence of the jury to determine the admissibility of such evidence thereby giving the Defendant an opportunity to rebut the contentions of the state.

5.  The Defendant respectfully moves the court to permit defense counsel to object to the admission into evidence of extraneous offenses by objection as "Trial Objection No. 1", without referring to all the grounds of the objections stated herein, in the presence of the jury.

	WHEREFORE, PREMISES CONSIDERED, the Defendant prays that this honorable 
court order the prosecutor to approach the bench prior to eliciting any testimony or offering any evidence regarding any extraneous offenses, that a hearing be held on the admissibility of such extraneous offenses, if any, and that the court rule that evidence of other acts of sexual contact between the Defendant and the Complainant other than that alleged in the indictment are inadmissible.

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 Motion in Limine and Objections to Admission of Extraneous Offenses to Discharge Community Supervision was served upon the attorney for the State on _____________________, 200___.

____________________________________
Attorney for Defendant

Cause No. __________

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

ORDER

On this day, came on to be heard the Defendant's Motion In Limine And Objections To Admission Of Extraneous Offenses.  The court, having considered the motion and the argument of counsel, finds that the motion should be:

__________ (GRANTED, and the prosecuting attorney is ordered to approach the bench prior to eliciting any testimony or offering any evidence regarding prior acts of sexual contact between the Defendant and the Complainant so that a hearing may be held outside the presence of the jury to determine the admissibility of such evidence);

__________ (GRANTED, and the court finds that evidence of prior acts of sexual other sexual contact between the Defendant and the complainant are inadmissible);

__________ (DENIED, except as granted above, to which the Defendant duly excepts);

__________ (DENIED, in full, to which the Defendant duly excepts).

SIGNED this day of ______________________ ,200___.

_____________________________________
JUDGE PRESIDING