Is Notice Given on the Friday Before a Monday Trial Sufficient ?
In Sears v. State, 91 S.W.3d 451, 455 (Tex. App.--Beaumont 2002, no pet.), the Beaumont Court determined that notice of enhancement given on the Friday before a Monday trial was untimely, especially in light of the fact that the State had listed the same conviction in a notice of its intent to introduce the conviction under Texas Rule of Evidence 609 some seven days earlier. Id. at 453-455.
Following the lead in Sears, the Dallas Court, in See Fairrow v. State, 112 S.W.3d 288, 294 (Tex. App.--Dallas 2003, no pet.), held that oral notice of punishment enhancement by the trial court on the day of trial, if proper, was untimely where the State had filed a notice of extraneous offenses three days prior to trial. Fairrow, 112 S.W.3d at 294-295.