In Buchanan v. State 911 S.W.2d 11, 14-15 (Tex. Crim. App. 1995), the Court held that an open file policy was not sufficient to comply with the rule. Even if the State's open file contains a document describing the extraneous offense in question, the Court could not conclude that "the mere opening of its file...satisfies the requirement of giving notice 'of intent to introduce' such evidence." Id. at 15. Judge Meyers' dissent seems to say that defense counsel in Buchanan admitted that he was aware of the offense report containing the extraneous offense. However, the only thing the opinion reveals in that regard is that counsel had reviewed the State's file totally on several occasions. The opinion does not reflect that counsel was aware of the offense report or of the extraneous offense. The State claimed that defense counsel admitted that he had been given access to the extraneous offense via the open file policy, but this is just an argument that the open file policy sufficed to comply with R. 404(b). The State also argued in Buchanan that counsel's motion in limine showed actual knowledge that the State intended to use the extraneous offense, but the Court did not address that contention. In Buchanan, the State argued specifically that it had met its obligations under Rule 404(b) because the defendant had actual notice of the extraneous offense it sought to introduce. Buchanan, 911 S.W.2d at 15. In support of this argument, the State pointed to its open file policy, defense counsel's admission that he was aware of the offense report containing the extraneous offense, and a motion in limine, which demonstrated defense counsel was aware of the offense and the State's intent to introduce it. Id. The First Court of Appeals held that the defendant's actual notice of the evidence satisfied the State's obligations under Rule 404(b). Buchanan v. State, 881 S.W.2d 376, 379-80 (Tex. App.-Houston 1st Dist. 1994). The Court overturned this holding by the Court of Appeals. We stated: We cannot conclude that the mere opening of the State's file containing an offense report detailing extraneous evidence satisfies the requirement of giving notice of "intent to introduce" such evidence. The mere presence of an offense report indicating the State's awareness of the existence of such evidence does not indicate an "intent to introduce" such evidence in its case in chief. 911 S.W.2d at 15. In Buchanan the Court held that the State may not meet its burden of giving notice of its intent to introduce certain extraneous offense evidence by simply opening its file and giving defense counsel actual notice of the evidence. 911 S.W.2d at 15. The majority now holds that the State may meet its burden of giving notice under Rule 404(b) by simply delivering witness statements to the defense-even if the delivery is not in response to the defendant's request-because "the purpose of Rule 404(b) notice is to prevent surprise." In Buchanan, the Court explained that an open file policy was not sufficient to satisfy the 404(b) notice requirement because showing that the State is aware of evidence of extraneous offenses is not the same as showing an intent to introduce evidence of extraneous offenses. The Court said: We cannot conclude that the mere opening of its file containing an offense report detailing extraneous evidence satisfies the requirement of giving notice "of intent to introduce" such evidence. The mere presence of an offense report indicating the State's awareness of the existence of such evidence does not indicate an "intent to introduce" such evidence "in its case in chief." Id. at 13.