1. Is Texas Code of Criminal Procedure Article 38.37 §2 , which permits
evidence of prior bad acts to prove the character and propensity of a
defendant accused of a sex crime , unconstitutional on its face because it
does not contain a provision excluding remote allegations or requiring a
trial court to exclude evidence whose probative value is outweighed by the
danger of unfair pr ejudice?

2. Was Texas Code of Criminal Procedure Article 38.37 §2 unconstitutional as
applied to Perez as the evidence admitted against him could not support a
finding beyond a rea sonable doubt that he committed the extraneous
offenses as required by the statute?

Is Texas Code of Criminal Procedure Article 38.37 §2 unconstitutional?