In Mitchell v. State, 982 S.W.2d 425, 427 (Tex. Crim. App. 1998), the Court chided a defendant who attempted to rely on a discovery motion that the trial court had not ruled upon as a request for notice of the State's intent to introduce 404(b) evidence. 982 S.W.2d at 427. The defendant argued that a ruling by the trial court was not necessary because the motion also contained a request for the State to indicate whether or not it intended to comply with Article 37.07 3(g). The Court noted that the "motion contained specific language requesting the State to issue a written confirmation of compliance or non-compliance," that the State had been served with the motion, and that the Court of Appeals read the language in the motion as a request for the State to give notice. Id. at 426, 427. The Court overturned the Court of Appeals, stating: Pursuant to our recognition...of the distinction between a request for action addressed to the trial court and a request for action addressed to the State, we hold that when a document seeks trial court action, it cannot also serve as a request for notice triggering the State's duty under Article 37.07, 3 (g). To hold otherwise would encourage gamesmanship. The opposite rule could encourage defendants to bury requests in voluminous motions, hoping the State would either overlook it or believe it the request [sic] to be contingent on a court order. An ad hoc approach would encourage gamesmanship on the part of both parties. Id. The motion in Mitchell was one for the trial court to order the State to give notice of extraneous acts under Article 37.07 3(g) of the Code of Criminal Procedure. Mitchell, 982 S.W.2d at 426. Article 37.07 3(g) outlines the notice requirements for introducing extraneous offense evidence at the punishment phase of a trial. It provides specifically that "notice of intent to introduce evidence under this article shall be given in the same manner required by Rule 404(b)." Therefore, the Mitchell holding applies with equal force to cases that arise under Rule 404(b).