Interpretation of Texas Rule of Evidence 404 (B)
Valid purposes for admitting evidence under Rule 404(b) of the Texas Rules of Evidence include proving identity, intent, and knowledge, and defeating a defensive theory. TEX. R. EVID. 404(b); Lane v. State, 933 S.W.2d 504, 518 (Tex. Crim. App. 1996).
The issue of identity may be raised by the defendant during cross-examination of the State's witnesses. Lane, 933 S.W.2d at 519.
To be admissible to show identity, an extraneous offense must be so similar to the offense charged that the offenses are marked as the accused's handiwork. Id.
Sufficient similarity may be shown by proximity in time and place or by a common mode of committing the offenses. Ransom v. State, 503 S.W.2d 810, 813 (Tex. Crim. App. 1974).
The required degree of similarity between the offenses is not as great where intent rather than identity is at issue. Caro v. State, 771 S.W.2d 610, 617 (Tex. App.-Dallas 1989, no pet.).
In establishing intent, any dissimilarities between the extraneous offense and the instant offense does not make the extraneous offense inadmissible if the accused is clearly identified and shown to be the perpetrator of the extraneous offense. Id.