Clark v. State (1985)
In Clark v. State, 693 S.W.2d 35 (Tex. App.--Houston 1st Dist. 1985), pet. ref'd, 718 S.W.2d 708 (Tex. Crim. App. 1986), the defendant was accused of digitally penetrating a sleeping child, and he maintained that the child had dreamed about the assault. Id. at 36.
The trial court allowed the defendant's stepdaughter to testify about two instances of alleged abuse that occurred approximately eleven years and two years before trial. Id.
On appeal, the court concluded that evidence of the extraneous offenses was not admissible under the exceptions to Rule 404(b) and that, even if admissible, the probative value of such evidence would have been outweighed by the "remoteness in time of the prior unreported incidents." Id. at 37.