Johnson, Morris Landon Ii, PD-0892-15

On Oct. 2, 2012 Johnson cashed a $523.56 check drawn on Timothy Guthrie’s account; Guthrie later reported he had not signed or authorized the check.
Johnson was arrested Nov. 8, 2012 at a traffic stop; officers seized multiple checks, ID/workforce/debit cards not belonging to him, and later a small bag of methamphetamine from his wallet.
Indicted for forgery by passing (single forged check); tried before a jury May 15, 2013; found guilty and sentenced to 10 years’ confinement and a $2,000 fine. Appeal filed; Eleventh Court of Appeals affirmed June 5, 2015.
At trial the State introduced Exhibits 4–6: two other checks (one from Guthrie’s account and one from another account payable to Johnson) and a recorded custodial interview with Detective Dixon describing alleged broader forgery activity.
Johnson argued the extraneous-offense evidence violated Tex. R. Evid. 404(b), was highly prejudicial, and the trial court’s admission constituted plain (egregious) error reviewable despite any failure to preserve objections.
The court of appeals held Johnson failed to preserve error as to most challenged evidence (counsel did not obtain adverse rulings or object to some exhibits) and affirmed, finding the trial court did not abuse its discretion in admitting the evidence.

Issue	Plaintiff's Argument (Johnson)	Defendant's Argument (State)	Held
Admission of extraneous-offense evidence under Tex. R. Evid. 404(b)	Evidence of other checks and the interview were admitted to show Johnson was a criminal and acted in conformity; admission deprived him of a fair trial and was plain error reviewable despite lack of preservation	Evidence was admissible as same-transaction/contextual evidence or to show motive, intent, plan, knowledge, or absence of mistake; trial court acted within its discretion	Court of appeals: error not preserved for review as counsel failed to obtain adverse rulings or object to parts of the evidence; affirmed conviction

Stafford v. State, 813 S.W.2d 503 (Tex. Crim. App. 1991) (accused may be tried only for the offense charged; cannot be tried for being a criminal generally)
Montgomery v. State, 810 S.W.2d 372 (Tex. Crim. App. 1991) (abuse-of-discretion standard for admission/exclusion of evidence)
Rogers v. State, 853 S.W.2d 29 (Tex. Crim. App. 1993) (same-transaction contextual evidence can be admissible despite 404(b))
Johnson v. State, 967 S.W.2d 410 (Tex. Crim. App. 1998) (extraneous-offense evidence can affect substantial rights; accused has right to be tried only for the charged offense)
Nealy v. State, 256 S.W.3d 264 (Tex. Crim. App. 2008) (definition/discussion of egregious harm when error not preserved)
Ortiz v. State, 93 S.W.3d 79 (Tex. Crim. App. 2002) (egregious harm exists when defendant denied a fair and impartial trial)
United States v. Garber, 47 F.2d 212 (5th Cir. 1931) (discusses plain error review in federal context)