188 (Tex.Crim.App.1999) (“non-capital cases are governed by Article 37.07, which requires that extraneous offenses be proven beyond a reasonable doubt”); Sonnier v. State, 913 S.W.2d 511, 521 n. 5 (Tex.Crim.App.1995) (noting that Article 37.07 “governs the punishment charge in non-capital trials”). Extraneous offenses thus get a limiting instruction under article 38.37 during the guilt/innocence phase. A reasonable-doubt instruction under article 37.07 applies to punishment because it is the only time those offenses can be used to enhance the punishment of the charged offense. Graves urges this court to extend the duty discussed in Huizar to the guilt-innocence phase of trial. We declined to do so in Rodriguez v. State, 137 S.W.3d 228, 231 (Tex.App.-Houston [1st Dist.] 2004, no pet.) (<HOLDING>). Following our court’s decision in Rodriguez,
holding that the trial court did not err by granting defendants motion for summary judgment holding trial court did not err by failing to consider amended petition filed after hearing without leave of court holding that trial court did not err holding trial court did not err in failing to define manufacture holding that trial court did not err in separating negligent entrustment and negligence claims for trial