Camacho v. State

In Camacho v. State, 864 S.W.2d 524, 532 (Tex. Crim. App. 1993), the defendant was charged with capital murder, to wit, the murder of David Wilburn, while in the course of committing burglary of a habitation owned by Sam Wright. The State presented evidence that, after the shooting, Camacho kidnapped Wright's wife and son and murdered them four days later in Oklahoma. Camacho, 864 S.W.2d at 532. On appeal, Camacho argued that admission of the evidence of the murders in Oklahoma violated Rule 404(b), because the murders were remote to the charged offense, both as to place and time. However, the Court of Criminal Appeals held the evidence of the murders in Oklahoma was "same transaction contextual evidence," because it helped establish an element of the charged offense, specifically, Camacho's intent during the burglary. Id. at 532. The court concluded the evidence was not within Rule 404(b) and was admissible. Id. at 532-35.