it is “background” evidence. Id. at 88. The admission of character evidence on the rationale that it is “background” evidence helpful to a jury conflicts with the proscription of Rule 404(b) — character evidence is not admissible as an “other purpose” under the rule. Id.; Tex.R.Crim.Evid. 404(b). SAME TRANSACTION CONTEXTUAL EVIDENCE “Same transaction contextual evidence” of other crimes is admissible as an exception to the propensity rule where several crimes are intermixed, blended with one another, or so connected that they form an indivisible criminal transaction and full proof by testimony, whether direct or circumstantial, of any one of them cannot be made without showing the others. Mayes, 816 S.W.2d at 86 n. 4; see also Taylor v. State, 420 S.W.2d 601, 605 (Tex.Crim.App.1967) (<HOLDING>). The exception exists because in narrating the
holding that counsel was not ineffective in failing to request a charge on the lesserincluded offense when the evidence showed either the commission of the completed offense as charged or the commission of no offense such that the defendant was not entitled to a charge on the lesser offense holding that the trial court should have considered in mitigation the fact that burgess was the only one of six participants in the crime two of whom admitted that they participated in the crime who was charged with and prosecuted for the murder holding improperly admitted testimony was cumulative to the other properly admitted evidence and was therefore harmless holding that the trial court had properly granted prices motion for new trial because while the state properly introduced identification testimony from a police officer who was not a witness to the offense it improperly elicited testimony that the witness was in fact a police officer who knew the defendant from working in his neighborhood holding that testimony that taylor who was charged with the murder of lucia etter had also killed fritz etter who was riding in the same pickup as lucia was properly admitted because the other offense was part of the case on trial or blended or closely interwoven therewith