Full opinion text
OPINION WHITE, Judge. Appellant was convicted of the offense of murder committed in the course of a robbery. See TEX.PENAL CODE ANN. § 19.-03(a)(2). In accordance with the jury’s affirmative answers to the special issues, his punishment was assessed at death. See TEX. CODE CRIM.PROC.ANN. Art. 37.071(b)(1) and (2). Direct appeal to this Court was automatic. Id., § (h). We will affirm. In twenty-eight points of error, appellant argues: the evidence was, absent the testimony of the accomplice witness’ testimony, insufficient to “tend to connect” appellant to the instant offense; the trial court erred when it overruled his motion to quash the indictment, and his motion to change venue; the trial court erred when it excused from jury service those persons who were over the age of 65, and those persons who were unable to read and write; the trial court erred when it overruled nine of his challenges for cause; the trial court erred in admitting statements made by the victim and another witness which gave a description of the perpetrator, in admitting evidence that appellant asked for bullets 7 to 10 days prior to the instant offense, in admitting evidence of appellant soliciting help in a robbery one month prior to the instant offense, in admitting evidence of a conversation between appellant and his accomplices overheard on the day before the instant offense, and in admitting into evidence statements made by the victim to his wife and daughter; statements made by the State during the examination of the treating doctor were so prejudicial and inflammatory as to render futile an instruction to disregard; the trial court erred in admitting evidence of appellant’s arrest as evidence of flight; the trial court erred when it denied appellant the right to admit evidence that another person admitted to the commission of the instant offense; the State’s final argument at guilt-innocence was so inflammatory and prejudicial as to render futile an instruction to disregard; the trial court erred at punishment when it admitted evidence of a prior alleged capital murder; the trial court should have given an instruction at punishment on mitigating circumstances; the trial court should have defined the phrase “criminal act of violence” in the charge at punishment; the trial court erred in not instructing the jury at punishment on the evidence of extraneous offenses and how to consider them; and, lastly, the trial court erred when it failed to define the term “continuing threat to society” in the charge at punishment, which precluded the jury from giving consideration to mitigating evidence. As appellant contests the sufficiency of the evidence to convict him in his fourteenth point of error, a detailed discussion of the facts is necessary to fully address appellant’s claim of insufficient evidence. STATEMENT OF FACTS A. Non-accomplice evidence According to Victor Macias, at approximately 11:00 a.m. on Friday, January 20, 1989, Macias drove to Jesse’s Tortilla Factory located on Webster Street in Waco to cash a check. He observed a short Black man carrying a black object in his hand and “trotting” towards a green late sixties model car parked on the side of the road near Jesse’s Tortilla Factory. The man got into the backseat of the green car. When Macias arrived at Jesse’s Tortilla Factory, he saw Jesse Contreras, the store owner, running towards the side of the building and he also saw blood on the pavement leading to the front door of the building. No one was inside the store; but there was blood on the floor. Macias went back outside where he saw the green car speeding away. Macias testified that he saw the driver and another man seated in the backseat, but did not see anyone else in the car. When Macias went back inside the building, he saw Contreras calling his daughter on the telephone. Macias stayed until she arrived. Gloria Contreras Diaz testified that when she arrived at the store, her mother was tending her father who was spitting up blood and appeared to be in pain. Diaz testified that her father told them a Black man with a mask had attempted to steal his money, but he threw a trash can at the perpetrator who then shot him. Contreras died twenty-seven days later as a result of multiple gunshot wounds. A firearms expert testified that two .25 caliber bullets removed from Contreras’ body were fired from the same gun, probably a .25 caliber semi-automatic Raven Arms pistol — -a compact pistol easily carried in a pocket without notice or discomfort and sometimes referred to as a “Saturday Night Special.” Four other spent bullets found at the crime scene, admitted in evidence, while not identifiable as having been fired from the same gun as the other two, were .25 caliber. Also found at the crime scene were five spent .25 caliber shell casings. The shell casings were manufactured by three different manufacturers which could mean they were obtained from different sources. The number of bullets contained in a .25 caliber semi-automatic Raven Arms pistol is six. Appellant’s half-brother, Louis McConnell, testified that two weeks before the instant offense appellant asked him whether he owned a gun or knew someone who did; Louis responded negatively. Louis McConnell lived with his father, Bishop McConnell, Jr., and his brother, Bishop McConnell III. The following week, Louis came home from work around 5 p.m. and saw a small caliber pistol and a dark navy or black stocking cap on a table. Appellant, Bishop McConnell III, Carlton Johnson and Victor Monroe were at the house. Louis McConnell testified that he saw appellant pick up the gun and walk toward the door. Even though Louis McConnell saw appellant leave with the stocking cap, he did not see appellant leave with the gun. After appellant left, Louis McConnell noticed the gun was no longer in his house. Johnny Cruz, a local grocer, testified that one week before the offense, appellant approached him seeking .25 caliber bullets for an automatic handgun. After the shooting, Cruz saw Mark McConnell driving a late sixties model green Chevrolet Impala. Appellant’s cousin, Ike Weeks, testified that in late December appellant asked him to participate in a robbery, but he refused. The day before the offense, Weeks saw appellant, Mark McConnell and Aaron Bilton standing in an alley. Weeks overheard appellant tell Mark that he would call him the next day at 9:00 a.m. so that Mark could pick him up, and that Mark would receive a $10.00 bag of marihuana and some money. Weeks further testified that sometime in January, but before the offense, appellant asked him whether he had any bullets. Vincent Guillem, a mechanic, testified that he was in his yard between 10:00 a.m. and 10:30 a.m. on the morning of the offense when Mark McConnell drove up in his green Chevrolet. Guillem saw four people in the car — Bishop McConnell III, Mark McConnell, appellant, and another person. Appellant got out of the car and asked Guillem whether he had any .25 caliber bullets. When he said no, appellant walked across the street to his house and returned to Mark’s car. Guillem stated that appellant left with Mark McConnell driving the car. Mark McConnell was the only person Guillem said left with appellant. Guillem did not mention the accomplice, Bilton, or Bishop McConnell being with appellant. Sometime later Guil-lem heard ambulance sirens, and ten to fifteen minutes after the sirens, he saw Mark’s car drive by very fast. Appellant’s aunt testified that a few days after the offense she accused appellant of having been seen at Jesse’s Tortilla Factory when Contreras was shot. Appellant denied this, claiming that no one had been there when he left, and he threatened her when she said that she would notify the police if she found out that he had shot Contreras. While separately talking to Contreras and Macias, Detective Price of the Waco Police Department obtained a description of the suspect as being a Black male possessing a black ski mask, small build, 5'6" to 5'7". Price ascertained during separate conversations with Macias and Guillem that the vehicle involved was a green four-door mid to late sixties model Chevrolet with a specific license plate number. Four days after the offense Price observed Mark McConnell driving a car matching that description, which Price later identified at trial as the same car depicted in State’s exhibits two through five. In February, 1989, Detective Price notified the police in Harlingen that a warrant had been issued for appellant’s arrest in connection with this offense. During the first week of March, 1989, two Harlingen police officers in a patrol car noticed appellant walking on a sidewalk in the west part of town and drove up behind him. When Detective Davilla called appellant’s name and identified himself as police, appellant ran. Davilla chased him on foot, but then lost him. Detective Saldivar observed appellant hiding in someone’s garage. When appellant saw Saldivar, he began running again. Saldivar chased him on foot to a fenced enclosure where she drew her weapon and told him to stop as he attempted to climb over the fence. Davilla arrived shortly thereafter, and appellant was taken into custody. B. Accomplice-witness testimony According to Aaron Bilton, sometime in January, but before the offense, appellant told him that he needed money and on the day before the offense, appellant told him that he was going to “knock off Jesse.” Appellant wanted Bilton to go inside Jesse’s Tortilla Factory first to see who was there. Appellant had planned the offense for noon the next day, but because Bilton had to be at work at 11:00 a.m., appellant agreed to do it earlier. Appellant had planned the offense for the next day, which was Friday, because he knew Contreras cashed checks on Friday. Bilton testified that appellant had already discussed the matter with Mark McConnell and that Mark was to receive $100 for his participation. On the morning of the offense, appellant and Mark arrived at Bilton’s home in Mark’s car between 10:15 a.m. and 10:30 a.m.. Bilton identified Mark McConnell’s car as the green four-door Chevrolet depicted in State’s exhibits two through five. The three men proceeded to Bilton’s uncle’s house. On the way, appellant stated that he was going to “knock off Jesse today.” When they arrived, Bilton went into his uncle’s house and watched television while Mark drove Bilton’s aunt downtown. Appellant did not go with Mark nor did he go inside the house. When Mark returned five minutes later, the three men drove to Jesse’s Tortilla Factory in Mark’s car. Once there, Bilton entered the store and attempted to purchase some corn tortillas, but Contreras said that they did not have any. Bilton returned to the car and told appellant that they did not have corn tortillas and that Contreras was the only one inside. Appellant told him to go back and purchase some flour tortillas and make certain that Contreras was alone. Bilton purchased the flour tortillas and reassured appellant that Contreras was alone. Appellant told Mark to let him out and then drive around to Twelfth Street and park. Wearing a blue or black stocking cap, appellant got out of the car. About five minutes later, appellant “trotted” towards the car holding his stocking cap in his hands. Bilton testified that the stocking cap appeared to have something in it. Appellant laid down in the backseat, stated that he didn’t get anything and told Mark to drive off. Bilton testified that after they dropped him off at work that morning, he did not see appellant again until after Bilton’s arrest for the offense. SUFFICIENCY OF NON-ACCOMPLICE TESTIMONY In his fourteenth point of error, appellant contends that absent the testimony of Aaron Bilton, the accomplice-witness, the evidence is insufficient to support appellant’s conviction. Article 38.14 of the Code of Criminal Procedure provides: [a] conviction cannot be had upon the testimony of an accomplice unless corroborated by other evidence tending to connect the defendant with the offense committed; and the corroboration is not sufficient if it merely shows the commission of the offense. TEX.CODE CRIM.PROC.ANN. Art. 38.14. The test for sufficient corroboration is to eliminate from consideration the accomplice testimony and then examine the other incul-patory evidence to ascertain whether the remaining evidence tends to connect the defendant with the offense. Cockrum v. State, 758 S.W.2d 577, 581 (Tex.Cr.App.1988), cert. denied, 489 U.S. 1072, 109 S.Ct. 1358, 103 L.Ed.2d 825 (1989); Granger v. State, 683 S.W.2d 387, 392 (Tex.Cr.App.1984) (quoting Edwards v. State, 427 S.W.2d 629, 632 (Tex.Cr.App.1968)), cert. denied, 472 U.S. 1012, 105 S.Ct. 2713, 86 L.Ed.2d 728 (1985). One hour before the offense, Guillem saw appellant with Mark McConnell in Mark’s car. Shortly after the shooting, Ma-cías saw a short Black man carrying a black object run from the store and climb into a car similar, if not identical, to Mark’s car. Although appellant lived near the crime scene, testimony that appellant was seen in close proximity to the crime scene shortly before the crime occurred in a vehicle similar to the vehicle observed at the crime scene tends to connect appellant with the offense. Cockrum, 758 S.W.2d at 581; Granger, 683 S.W.2d at 393. Louis McConnell testified he saw appellant with a gun similar to the one used in the instant offense about one week before the crime. The murder weapon in the instant offense was a .25 caliber pistol. Proof that appellant was seen with a gun similar to the murder weapon is proper corroborating evidence. Cockrum, 758 S.W.2d at 582; Granger, 683 S.W.2d at 393. The record also reflects that appellant approached at least three different people during the weeks before the offense, up until one hour before the offense, seeking .25 caliber bullets. Because the two bullets extracted from the deceased’s body were .25 caliber, this also tends to connect appellant to the offense. See Granger, 683 S.W.2d at 393. Appellant’s aunt testified that appellant made incriminating statements in a discussion they had a few days after the offense. When his aunt accused him of having been seen at Jesse’s Tortilla Factory when Contreras was shot, appellant stated that no one had been there when he left, and he threatened her when she said that she would notify the police if she found out that he had shot Contreras. Further, appellant fled when approached by police officers one and one-half months after the offense. Evidence of flight and guilty demeanor, coupled with other corroborating circumstances, may tend to connect a defendant with the crime. Gosch v. State, 829 S.W.2d 775, 782 (Tex.Cr.App.1991). The non-accomplice evidence does not have to directly link appellant to the crime, nor does it alone have to establish appellant’s guilt beyond a reasonable doubt; rather, the non-accomplice evidence merely has to tend to connect appellant to the offense. Reed v. State, 744 S.W.2d 112, 126 (Tex.Cr.App.1988) (citations omitted); Granger, 683 S.W.2d at 392. The combined cumulative weight of the incriminating evidence furnished by the non-accomplice witnesses in this case satisfies the proper test for corroboration. Reed, 744 S.W.2d at 126. When considered jointly, the testimony of the non-accomplice witnesses is sufficient to tend to connect appellant with the commission of the crime. The non-accomplice evidence showed that (1) appellant was near the scene of the crime only one hour before the offense in the same type vehicle later seen at the crime scene, (2) appellant had a weapon similar to the murder weapon shortly before the offense, (3) immediately prior to the offense appellant was looking for the same caliber bullets as the bullets removed from the deceased, (4) appellant had an incriminating conversation with his aunt, and (5) appellant attempted to evade police after the offense. When all of these factors are taken together, they sufficiently tend to connect appellant to the offense. Appellant’s fourteenth point of error is overruled. In his first point of error, appellant complains the “trial court erred in overruling the defendant’s motion to quash the indictment for the failure to allege the victim of the alleged robbery or attempted robbery.” In the indictment, the State alleged that appellant: “did then and there intentionally cause the death of an individual, JESSE CONTRERAS, by shooting him in the chest with a deadly weapon, to-wit: a firearm, and the said JOHN ALBERT BURKS was then and there in the course of committing and attempting to commit the offense of robbery,” Appellant filed a motion to quash the indictment because of the State’s failure to allege the name of the victim of the underlying robbery which raised the murder to capital murder. Appellant argues this failure denied him adequate notice of the charges against him and denied him the right to claim prior jeopardy or double jeopardy in a subsequent prosecution. In regards to any potential claim of jeopardy which appellant might have to assert in a future prosecution, the proper time to argue this issue is after he has been charged or indicted for that unnamed future offense. As of now, that issue is far from ripe. It is not properly before this Court in the instant appeal. In support of his claim of lack of notice, appellant relies upon this Court’s decision in King v. State, 594 S.W.2d 425 (Tex.Cr.App.1980). In King, this Court stated, “the name of the person at whom the aggravating conduct is directed is ... a fact which is crucial to the accused’s preparation of his defense to the main charge of capital murder.” This Court found the defendant in King was entitled to allegations sufficient, both to give him accurate notice of the charges against him, and to give him precise notice of the offense with which he has been charged. However, we do not believe that King v. State controls disposition of this point of error because the indictment in King is distinguishable from the instant indictment. The indictment in the instant case was not susceptible of an interpretation that the victim of the underlying robbery was a person other than the named victim of the murder. In Pinkerton v. State, 660 S.W.2d 58, at 63 (Tex.Cr.App.1983), this Court found that King was not controlling because the indictment in Pinkerton was not open to an interpretation “that the intended victim of the intended rape was anyone other than the deceased.” Pinkerton v. State, Id. The rule of King applies only when the “criminal conduct constituting the aggravating feature of the offense may be directed at a person other than the ultimate victim of the capital murder.” It is in that situation that the failure to allege the victim of the underlying felony becomes a fact crucial to an accused’s preparation of a defense. Tompkins v. State, 774 S.W.2d 195, at 207 (Tex.Cr.App.1987); and DeVaughn v. State, 749 S.W.2d 62, at 70 (Tex.Cr.App.1988). In the instant case, the victim of the capital murder was also the victim of the underlying felony. Even if the failure to allege the name of the victim of the underlying robbery in the instant case was a fact crucial to appellant’s preparation of his defense, a reviewing court would next have to determine “whether, in the context of the particular case, this failure had an impact on the accused’s ability to prepare a defense, and, how great an impact.” DeVaughn v. State, 749 S.W.2d, at 70. See, also, Adams v. State, 707 S.W.2d 900, at 902-904 (Tex.Cr.App.1986); Flowers v. State, 815 S.W.2d 724, at 729 (Tex.Cr.App.1991); and Rougeau v. State, 738 S.W.2d 651, at 656 (Tex.Cr.App.1987), cert. denied, 485 U.S. 1029, 108 S.Ct. 1586, 99 L.Ed.2d 901 (1988). In the instant case, the State argued in its brief on appeal that during the trial, it informed appellant that it intended to prove that the victim of the underlying robbery was the same person named as the victim of the murder. On April 28, 1989, 67 days before the trial began, during a pre-trial hearing on appellant’s motion to quash, the attorney for the State said: “We will tell the Court and defense counsel that the victim of the robbery was also Jesse Contreras.” Appellant had ample notice that the victim of the underlying robbery was the same person alleged to be the victim of the murder. The failure of the State to allege the name of the robbery victim did not adversely impact on appellant’s ability to prepare his defense. DeVaughn v. State, 749 S.W.2d, at 70; Adams v. State, 707 S.W.2d, at 902-904; Flowers v. State, 815 S.W.2d, at 729; and Rougeau v. State, 738 S.W.2d, at 656; and see, also, Hillin v. State, 808 S.W.2d 486, fn. 3, at 488-489 (Tex.Cr.App.1991). We believe the instant indictment is not flawed by the absence of the name of the victim of the underlying robbery. Point of error one is overruled. In his second point of error, appellant argues the “trial court erred in overruling the motion to change venue filed by defendant in that the controverting affidavit did not comply with Rule 602, Texas Rules of Criminal Evidence.” At trial, appellant objected to the State’s controverting affidavit on the ground that the affiant, Joe Johnson, did not have personal knowledge of the information contained therein, citing TEX. R.CRIM.EVID. Rule 602 for the trial court. Appellant cites no authority to support his argument that a controverting affidavit, filed pursuant to TEX.CODE CRIM.PROC.ANN. Art. 31.04 , must comply with Rule 602. The purpose of the controverting affidavit is to provide a form of pleading which establishes that there is a factual dispute in need of resolution. Roy v. State, 608 S.W.2d 645, at 648 (Tex.Cr.App.1980). There is no requirement that the controverting affidavit comply, on its face, with Rule 602. A controverting affidavit, pursuant to Art. 31.04, is a notarized statement of the opinion of the compurgator that the opposing affiant is not credible, and/or that opposing affiant’s means of knowledge are not sufficient. A controverting affidavit is not a witness’ sworn statement of fact as to a matter at trial, as contemplated by Rule 602. If the compurgator takes the stand at the venue hearing to testify, his testimony would fall under the proscriptions of R. 602. We find that the controverting affidavit in the instant case is identical in wording to that found in the State’s controverting affidavits in DeBlanc v. State, 799 S.W.2d 701, at 704 (Tex.Cr.App.1990), cert. denied, — U.S. —, 111 S.Ct. 2912, 115 L.Ed.2d 1075 (1991); and Cockrum v. State, 758 S.W.2d 577 (Tex.Cr.App.1988), cert. denied, 489 U.S. 1072, 109 S.Ct. 1358, 103 L.Ed.2d 825 (1989). We find the State’s controverting affidavit in the instant case was sufficient to create a factual dispute which required a hearing. The affidavit served its purpose of informing appellant and the trial court that the State took issue with the facts asserted by appellant in his motion for change of venue and in his supporting affidavits. See DeBlanc v. State, 799 S.W.2d, at 704; and Cockrum v. State, 758 S.W.2d, at 583. We conclude that the State’s controverting affidavit was not flawed. Point of error two is overruled. In his third point of error, appellant argues the trial court erred at voir dire by excusing people over the age of 65. Appellant states that excusing this group “excludes a definable section of the population from serving on juries and denies appellant his right to a jury chosen from a fair cross section of the population,” thereby violating his rights under the Fourteenth Amendment to the United States Constitution and the Texas Constitution. Appellant contends that this practice constitutes age discrimination, which violates appellant’s right to equal protection of the laws and his right to a jury drawn from a cross section of the community. Appellant makes no arguments under the Texas Constitution. Appellant relies upon the Supreme Court’s discussion of the need to eliminates racially discriminatory practices in jury selection in Batson v. Kentucky, 476 U.S. 79, 106 S.Ct. 1712, 90 L.Ed.2d 69 (1986). Appellant cites no specific authority for his argument under the Federal Constitution. Batson is substantively distinguishable from the instant case. We note that Batson dealt with a State’s efforts, through its prosecuting attorneys, to exercise discretionary peremptory challenges to exclude minorities from jury service, not trial court compliance with statutory excu-sáis. In the instant case, the statute, TEX.GOVT.CODE ANN. § 62.106(1), provides only for a personal, optional exemption from jury service which may be invoked by a venireperson. It does not provide for a statutory exclusion or mandatory disqualification. Nothing in § 62.106(1) implies that persons over the age of 65 are not fit for, or incapable of, or unwanted for jury service. Batson is not controlling authority for this point of error. This Court has previously dealt with equal protection claims against the juror exemption statute. In Johnson v. State, 548 S.W.2d 700 (Tex.Cr.App.1977), this Court held that the statute’s optional exemptions for persons with legal custody of children under the age of ten and for persons enrolled in an institution of higher learning did not violate due process or equal protection under either the United States Constitution or the Texas Constitution. Johnson v. State, 548 S.W.2d, at 703-704. This Court concluded that the State had a “legitimate interest in creating this optional exemption because it allows those persons most likely to have a legitimate claim of hardship to present it in an orderly manner.” Johnson v. State, Id. Though this Court has not written on the constitutionality of §§ (1), the Dallas Court of Appeals has confronted the issue. In Weaver v. State, 823 S.W.2d 371 (Tex.App.Dallas 1992), review refused, the Court of Appeals found that §§ (1) did not violate the fair cross section of the community requirement of the Sixth Amendment. U.S. CONST. AMEND. VI. Weaver v. State, 823 S.W.2d, at 373-374. The Court of Appeals also held that §§ (1) did not violate the equal protection provisions of the Texas Constitution. TEX. CONST. Art. 1, §§ 3 & 3a. The Court of Appeals, relying upon Johnson v. State, found the State had a legitimate interest in providing an age exemption from jury service because it provides an orderly and efficient method of speeding up the operation of the overloaded judicial system. Without the exemption, persons over the age of 65 “would have to personally and individually present any claims of hardship to the trial court.” Weaver v. State, 823 S.W.2d, at 374. The Court of Appeals concluded “that the age-based classification bears a fair and substantial relation to the objects that the legislation was designed to accomplish.” Weaver v. State, 823 S.W.2d, at 375. Though not controlling, we finds the reasoning of the Court of Appeals in Weaver to be persuasive. We find that § 62.106(1) does not violate appellant’s right to equal protection of the laws and his right to a jury drawn from a fair cross section of the community under either the United States Constitution or the Texas Constitution. Johnson v. State; and Weaver v. State. Point of error three is overruled. In his fourth point of error, appellant argues the trial court erred when it excused people from jury service because they could not read or write the English language, pursuant to TEX.GOVT.CODE ANN. § 62.102(5). Granting this excuse to potential jurors “excludes a definable section of the population from servicing on juries and denies the defendant his right to a jury chosen from a fair cross section of the population, in violation of the defendant’s rights under the 6th and 14th amendments to the United States Constitution and the Texas Constitution.” Appellant contends the policy of granting these excusáis is rooted in racial discrimination. Appellant relies upon his assertion that “the majority of the citizens of this State who cannot read or write the English language are Hispanic.” Appellant states in his brief, “it cannot be argued that citizens of this State who do not read or write the English language, are not the equals in society of those who can read or write the English language.” Appellant then compares illiterate people to deaf people, the latter being a group whom appellant states the trial courts accommodate by obtaining interpreters. Appellant cites no authority for this comparison. He has overlooked TEX. GOVT.CODE ANN. § 62.1041(b), which provides: “A deaf person is disqualified to serve as a juror if, in the opinion of the court, his deafness renders him unfit to serve as a juror in that particular case.” In concluding that § 62.102(5) denied his right to be tried by as jury drawn from a “proper cross-section of the community” and his right to equal protection, as provided by the United States Constitution and the Texas Constitution, appellant cites no authority, either Federal or State. Appellant makes no separate and distinct argument under the Texas Constitution, but lumps together the Texas Constitution and the United States Constitution in the presentation of one argument on appeal. In response, the State asserts that appellant did not object at trial to these excusáis. At one point, the trial court asked the parties if there were any objections to the persons who “claimed disqualifications that they couldn’t read and write, and I think one who had been convicted.” Appellant replied, “None by the defendant, your honor.” However, immediately prior to this exchange, when the trial court asked the parties, “Exemptions number 2 and number 3, are there any objections to those claiming 2 and 3?”, appellant responded, “With respect to those under number 3, Your Honor, we would interpose the same objection we made to the excusión (sic) and non-inclusion of those persons listing exemption number l. ” Earlier, the court coordinator had identified exemption number 3 as “unable to read or write English.” As the record is unclear, we will not base our decision upon whether or not the error was preserved. Instead, we reject appellant’s argument for his failure to adequately present or preserve his claim of covert racial discrimination against Hispanics, and the resulting denial of his constitutional rights, through the trial court’s reliance upon § 62.102(5). In order to establish a violation of the fair cross-section requirement, appellant needs to have shown that Hispanics are a distinctive group in the community, that the representation of this group in venires is not fair and reasonable in relation to the number of such persons in that group in the community, and the underrepresentation is due to systematic exclusion of the group in the jury selection process. Duren v. Missouri, 439 U.S. 357, at 364, 99 S.Ct. 664, at 668, 58 L.Ed.2d 579 (1979); and Weaver v. State, 823 S.W.2d, at 373. Because appellant failed to show in the instant case both that the jurors excused pursuant to § 62.102(5) were Hispanic, and that Hispanics were not fairly and reasonably represented on the venire, we find appellant has failed to present a prima facie violation of the fair cross-section requirement of the United States Constitution. Timmel v. Phillips, 799 F.2d 1083, at 1086 (5th Cir.1986); and Weaver v. State, Id. Because appellant grouped his federal and state constitutional arguments, we overrule both of appellant’s fair cross-section requirements. Appellant’s fourth point of error is overruled. In his fifth point of error, appellant argues the trial court erred when it overruled his “challenge to juror Dorothy Grmela, based on her inability to distinguish between the terms “intentional” and “deliberate”, and such incorrect ruling forced defendant to exercise a peremptory strike to cure the error.” In order to present reversible error because of a trial court’s denial of a requested challenge for cause, four requirements must be satisfied at trial. Jones v. State, 833 S.W.2d 118 (Tex.Cr.App.1992); Demouchette v. State, 731 S.W.2d 75 (Tex.Cr.App.1986), cert. denied, 482 U.S. 920, 107 S.Ct. 3197, 96 L.Ed.2d 685 (1987). First, an appellant must demonstrate that he was forced to use a peremptory strike on a juror who was chal-lengeable for cause. Id. Additionally, he must prove that he exhausted all of the peremptory strikes he was given. Id. Next, an appellant must show that he requested additional peremptory strikes and that this request was denied. Id. Finally, he must demonstrate that he was forced to accept a juror which he found objectionable. Id. Appellant satisfied all four requirements in the instant case, ultimately showing that he was forced to accept a juror which he found objectionable, Lavalta Willis. Appellant has preserved for review the issue of whether his challenge for cause to juror Grmela was properly overruled. A juror may be excused for cause by a defendant if he has a bias or prejudice against any of the law applicable to the case upon which the defense is entitled to rely, either as a defense to some phase of the offense for which a defendant is being prosecuted or as a mitigation thereof or of the punishment therefore. TEX.CODE CRIM. PROC.ANN. Art. 35.16(c)(2). However, a trial court’s decision to deny a defendant’s challenge for cause should not be overturned unless, in light of the entire voir dire examination of the prospective juror, bias or prejudice has been established as a matter of law. Little v. State, 758 S.W.2d 551, at 556 (Tex.Cr.App.1988), cert. denied, 488 U.S. 934, 109 S.Ct. 328, 102 L.Ed.2d 346 (1988); see Anderson v. State, 633 S.W.2d 851 (Tex.Cr.App.1982). If bias or prejudice is not established as a matter of law, all of the venireper-son’s voir dire answers must be reviewed to determine whether they may set aside their views and honestly and truthfully follow the juror’s oath. Anderson v. State, 633 S.W.2d, at 854; Williams v. State, 773 S.W.2d 525 (Tex.Cr.App.1988), cert. denied, 493 U.S. 900, 110 S.Ct. 257, 107 L.Ed.2d 207 (1989). The trial judge is in the best position to make this determination and his ruling will therefore be given due deference. Farris v. State, 819 S.W.2d 490 (Tex.Cr.App.1990); Fearance v. State, 771 S.W.2d 486 (Tex.Cr.App.1988); Mooney v. State, 817 S.W.2d 693 (Tex.Cr.App.1991). The standard of review turns on whether the trial court abused its discretion by overruling the challenge for cause. Little v. State, 758 S.W.2d, at 556; Fuller v. State, 827 S.W.2d 919, at 924 (Tex.Cr.App.1992), cert. denied, — U.S. -, 113 S.Ct. 3035, 125 L.Ed.2d 722 (1993); and Cooks v. State, 844 S.W.2d 697, at 709 (Tex.Cr.App.1992), cert. denied, — U.S. -, 113 S.Ct. 3048, 125 L.Ed.2d 732 (1993) (the testimony of the questioned venireperson shall be reviewed “as a whole”). In determining abuse of discretion, this Court shall review the record and determine if it supports the trial court’s implied finding that the prospective juror’s views would not “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and oath.” Wainwright v. Witt, 469 U.S. 412, at 424, 105 S.Ct. 844, at 852, 83 L.Ed.2d 841 (1985); Cockrum v. State, 758 S.W.2d 577, at 592 (Tex.Cr.App.1988); and Fuller v. State, Id. The voir dire of Grmela shows that she initially could not agree that the legislature intended a different meaning between the words “intentionally” and “deliberately”. Grmela also told counsel for appellant that she believed the two words to mean the same thing. In rehabilitation, the State explained to Grmela that if the legislature intended for the two words to have the same meaning, they would have used “intentionally” in the phrasing of the first special issue instead of the word “deliberately”. Grmela stated she could agree with that. The State then asked Grmela if she could attribute a different meaning to “deliberately”, “that deliberately means more than intentionally”, in order to follow the law and be a qualified juror. Grmela responded that she could. Grmela repeatedly told the State that she would not automatically vote “yes” on special issue number one only because she found appellant guilty of the instant offense, because she could keep in her mind that deliberately means more than intentionally. Grmela assured the State that she could follow the law, taking into account all the circumstances, and require the State to prove beyond a reasonable doubt that the answers to the first and second special issues should be “yes” before she would give appellant the death penalty. Later Grmela stated that she could be a fair juror and consider all the circumstances of the instant case. We find that the record, when viewed as a whole, supports a finding that Grmela’s initial misunderstanding of the distinction between the meanings of intentional and deliberate would not interfere with the performance of these duties. Her voir dire reveals that she could follow the law and require the State to prove more to her than intentional actions by appellant before she could vote yes on the first special issue. An isolated statement, as this Court viewed venireperson Luttrull’s statement that “he did not consider a deliberate act to require more than an intentional act” in Cooks, “will not require that a juror be struck for cause when his testimony taken as a whole indicates that he is not biased.” Cooks v. State, 844 S.W.2d, at 711. We hold that the trial judge was in the best position to determine if Grmela’s views would impair the performance of her duties as a juror. His decision to overrule appellant’s challenge for cause was not an abuse of discretion. Cooks v. State, 844 S.W.2d, at 711; Fuller v. State, 827 S.W.2d, at 924; and Ellason v. State, 816 S.W.2d 656 (Tex.Cr.App.1991). As such, we will defer to the trial judge’s ruling. The fifth point of error is overruled. In his sixth, seventh, eighth, ninth, tenth, and thirteenth points of error, appellant contends that the trial court erred when it overruled his objection to the State’s “incorrect definition” of the term “criminal acts of violence” in the questioning of, respectively, venirepersons Larry Lenamon, Rebecca King, Herbert Pirelo, Thomas Tipton, Dan Fulton and Lavalta Willis. Appellant states that he was forced to exercise peremptory strikes against Lenamon, King, Pirelo, Tip-ton and Fulton, and that he was forced to accept Willis after the trial court refused to grant him more strikes. In each point of error, appellant argues that under the State’s definition, “any criminal act can be a crime of violence and justify an affirmative finding to Special Issue Number Two.” Because these jurors were each tainted by an erroneous definition of the phrase “criminal act of violence,” appellant claims they were each challengeable for cause. Appellant relies upon Martinez v. State, 763 S.W.2d 413 (Tex.Cr.App.1988) to support these points of error. In Martinez, the State used an improper hypothetical to create a false distinction between the definitions of the terms “intentional” and “deliberate”, thereby exposing the venireperson to a misconception of the law of capital murder. Martinez, 763 S.W.2d, at 425. We find Martinez to be distinguishable from the instant case. In the instant case, the six venire-persons in question were not exposed to false definitions of the phrase “criminal act of violence” in the second special issue. Under the law of this State, crimes against property can be crimes of violence. In Hamilton v. State, 676 S.W.2d 120 (Tex.Cr.App.1984), this Court held that “arson is a crime of violence, per se.” Hamilton, at 121. In Gardner v. State, 699 S.W.2d 831 (Tex.Cr.App.1985), this Court ruled that the question of whether a burglary was an act of violence “was a question of fact for the jury to decide.” Even though burglary, unlike arson, is not a crime of violence per se, “the determination of whether a particular burglary is (a crime of violence) must depend on the facts and circumstances of each case.” Gardner, at 835-836. In Drew v. State, 743 S.W.2d 207 (Tex.Cr.App.1987), this Court discussed the phrase “criminal acts of violence that would constitute a continuing threat to society,” holding that “there is nothing in our case law to limit this portion of Article 37.071(b)(2), to future murders.” This Court cited with approval the holding in Hamilton wherein arson was found to be a crime of violence, per se. Drew, at 211. In light of these past decisions, the record of the voir dire of the six venirepersons in question reveals they were not exposed to a misconception of the law of capital murder, unlike the venireper-son in Martinez. In the instant case, the State attempted to determine if each venireperson could consider, or conceive, that a crime against property, whether it be an arson or burglary, could be a crime of violence. The State did not seek to commit each venireperson to the position that a crime against property was always a crime of violence. With each veni-reperson, the State relied upon arson and burglary as the types of crimes against property that could be crimes of violence. The State asked Lenamon if he could conceive that a criminal act of violence might constitute an act like arson or burglary of a habitation. King was asked if she “could consider the possibility that an act of violence could occur in the course of committing say a burglary or committing arson.” Pirelo affirmatively answered the following question: “I’m asking you if our example of what might constitute a criminal act of violence is if I burn down a house, somebody’s house, their castle, or if I break into somebody’s house and commit burglary while they’re not home ... (INTERRUPTION BY DEFENSE OBJECTION) “can you consider that it might be, arson or burglary of a habitation or some other type of crime against property, can you consider that could be a criminal act of violence?” The State asked Tipton if he could consider that a criminal act of violence could be the burglary of a person’s home or the arson of a person’s home. Fulton was asked if he could conceive of criminal conduct against property “such as arson, burning down a house, such as breaking into and burglarizing a house” as constituting a criminal act of violence. Lastly, Willis affirmatively answered whether she could consider that a crime against property, such as arson or burglary of a habitation, or burglary of a building, could also constitute a criminal act of violence. The State cautioned each of the six venirepersons that they were not being committed to finding that a crime against property was an act of violence. The intent of the State’s questioning was to determine if the venirepersons could conceive of an arson or burglary constituting a crime of violence. Appellant’s argument, that the State led these six venirepersons to believe that “any criminal act can be a crime of violence,” misrepresents the record. The voir dire of these six people reveals that the State sought to determine if they could conceive of a situation where an arson or a burglary would be a crime of violence, while being careful not to have them commit themselves to that position. As explained above, arson is a crime of violence, per se. Hamilton v. State, 676 S.W.2d, at 121. Burglary can be a crime of violence depending on the specific facts of the offense. Gardner v. State, 699 S.W.2d, at 835-836. These crimes against property, as the examples used by the State, can be crimes of violence. It was proper for the State to ask these six people, as potential triers of fact, whether they could consider a crime against property to be a crime of violence in the context of the second special issue. We find these jurors were not tainted by the State’s definition of criminal act of violence. The trial court did not err when it denied appellant’s challenges for cause. The sixth, seventh, eighth, ninth, tenth, and thirteenth points of error are overruled. In his eleventh point of error, appellant contends the trial court erred in overruling his second challenge to juror Dan Fulton on the grounds that he would not be able to give consideration to the case because of concerns regarding his business and that he was forced to exercise a peremptory strike to cure such error. There is no “personal business” reason set out as grounds for a challenge for cause in the statute. See TEX.CODE CRIM.PROC.ANN. Art. 35.16(a), (b), or (c). This is not a case wherein a venireperson sought to be excused for business reasons under the discretion of the trial court. See TEX. GOVT.CODE ANN. § 62.110. Appellant asserts that Fulton’s preoccupation with business concerns would prevent him giving fair consideration to appellant’s case, thereby rendering him incapable of being a fair and impartial juror. See Art. 35.16(a)(9), Id. In Smith v. State, 641 S.W.2d 248 (Tex.Cr.App.1982), this Court found it is sufficient to challenge under 35.16(a)(9) when the juror states that he or she could not be fair and impartial. Appellant argues that this is such a case. Appellant relies on Sosa v. State, 769 S.W.2d 909 (Tex.Cr.App.1989), wherein a venireperson was challenged for cause because she testified that her family situation was such that she would not be able to reach a decision in the case and thus could not be a fair and impartial juror. This Court held the trial court did not err in granting the challenge for cause. Sosa v. State, at 918. See, also, Rogers v. State, 774 S.W.2d 247, at 253-254 (Tex.Cr.App.1989); and Moore v. State, 542 S.W.2d 664 (Tex.Cr.App.1976). However, the record of voir dire indicates the instant case is distinguishable from Rogers, Sosa, and Moore. At first, Fulton told the prosecutor that he believed that he could give enough of his attention to the instant case to be a fair and impartial juror. On cross-examination, Fulton replied “yes” when appellant asked him if his “interest would be diverted to the point that you probably should not sit on this case?” Appellant then challenged Fulton for cause. When the State resumed voir dire, Fulton answered that he felt that he could be a fair and impartial juror. Fulton then explained, “Well, I mean I just want to elaborate a little bit. I have no problem with serving on the jury. I think that I would be an impartial juror and as far as my work load at the office here or Dallas, either one, I could manage that. I’ve been managing it a long time. That’s not going to influence me. The situation in Dallas is a new business venture that I would be heading up which is a new circumstance for me, and again the chances of that even, though it may be a little better than fifty-fifty, are definitely not concrete at this point. It’s hard for me to say that if this new venture that I’m alluding to starts, the problem would be I’d have to be in two locations at the same time. Again, that’s not concrete. It’s something that’s still fairly elusive and — but with regard to my normal responsibilities, civic or business, I have no problem dealing with that.” The trial court then overruled appellant’s challenge. As stated above, the trial judge is in the best position to make this determination and his ruling will therefore be given due deference. Farris v. State, 819 S.W.2d 490; Fearance v. State, 771 S.W.2d 486; Mooney v. State, 817 S.W.2d 693. The standard of review turns on whether the trial court abused its discretion by overruling the challenge for cause. Little v. State, 758 S.W.2d, at 556; Fuller v. State, 827 S.W.2d, at 924; and Cooks v. State, 844 S.W.2d, at 709 (the testimony of the questioned venireperson shall be reviewed “as a whole”). In determining abuse of discretion, this Court shall review the record and determine if it supports the trial court’s implied finding that the prospective juror’s views would not “prevent or substantially impair the performance of his duties as a juror in accordance with his instructions and oath.” Wainwright v. Witt, 469 U.S., at 424, 105 S.Ct., at 852; Cockrum v. State, 758 S.W.2d, at 592; and Fuller v. State, Id. We find the record “as a whole” supports the trial court’s decision to overrule appellant’s challenge for cause. Fulton’s testimony indicated that his personal business affairs would not prevent or impair his performance of his duties as a juror, and would not keep him from being a fair and impartial juror. The trial court did not abuse its discretion in overruling appellant’s challenge of Fulton. The eleventh point of error is overruled. In his twelfth point of error, appellant asserts the trial court erred when it overruled appellant’s challenge for cause of Edward Arredondo “on the grounds that he would not be able to give consideration to the case because of concerns regarding his business,” and that he was forced to exercise a peremptory strike to cure such error. Appellant makes the same argument here that he made in his eleventh point of error. Appellant asserts that Arredondo’s preoccupation with business concerns would prevent him giving fair consideration to appellant’s case, thereby rendering him incapable of being a fair and impartial juror. See Art. 35.16(a)(9), Id.; and Smith v. State, 641 S.W.2d 248. Appellant relies, as he did in point of error eleven on Sosa v. State, 769 S.W.2d, at 918. See, also, Rogers v. State, 774 S.W.2d, at 253-254; and Moore v. State, 542 S.W.2d 664. However, the record of the voir dire of Arredondo indicates the instant case is distinguishable from Rogers, Sosa, and Moore. Arredondo explained that he was self-employed in the computer field, and that his clients depended on him to handle problems as they arose. He said he did not know if a problem would or would not arise, but that if it did, it would cause him some anxiety. In spite of this potentiality, Arredondo told the State that if he was selected, he would do his duty and do whatever was required of him. Arredondo answered “yes” when the State asked him if he could be a fair and impartial juror for both sides. On cross-examination, Arredondo told appellant that it was possible that he might lose some concentration and that a problem at work could affect him. But he also told appellant that he would not be unfair. The State asked Arredondo on re-direct that if he was working on a major problem for his best client, as appellant proposed in a hypothetical, and another major problem came up for another client, “would that second client’s problems override your professional responsibility and your duty to your first client and cause you to do a less thorough job in taking care of his needs?” Arre-dondo answered, “No way.” The State then asked, “By the same token, in this case if you take a solemn oath as a juror to render a true verdict based on the evidence and the law and knowing that a man’s life is at stake here, would you allow any outside influence to affect your ability to follow that oath, follow the law and the evidence?” Arredon-do replied, “No, that — No.” The trial court then overruled appellant’s challenge for cause. We will defer to the trial court’s position to determine Arredondo’s ability to be a fair and impartial juror, and his ability to comply with his oath and instructions. Farris v. State, 819 S.W.2d 490; Fearance v. State, 771 S.W.2d 486; Mooney v. State, 817 S.W.2d 693. We conclude the record “as a whole” supports the trial court’s decision to overrule appellant’s challenge for cause. Arredondo’s testimony indicated that his personal business affairs would not prevent or impair his performance of his duties as a juror, and would not keep him from being a fair and impartial juror. The trial court did not abuse its discretion in overruling appellant’s challenge of Arredondo. The twelfth point of error is overruled. In his fifteenth point of error, appellant asserts the trial court erred when it admitted evidence “of statements made to an investigating officer by the deceased and another witness regarding a description of the person who perpetrated the alleged offense.” At trial, Detective J.R. Price testified for the State. Over appellant’s hearsay objections, the State asked Price: STATE: After talking to Jesse Contreras, and please let me remind you not to tell me what if anything Mr. Contreras told you, did you go searching or looking for a particular description of an individual? PRICE: Yes, sir. STATE: What is that? PRICE: A black male, somewhat smaller build than Mr. Contreras, having in his possession a black ski mask or toboggan type cap. STATE: After talking to Victor Macias, and again not telling me what, if anything, he told you, would you tell me if you went looking for a particular description of an individual? PRICE: Yes, sir. STATE: Tell the Court or the Jury what description of individual you went looking for? PRICE: Again, a Black male, small build, approximately 5'6" to 5'7". Appellant cites no authority for his assertion that the above testimony is inadmissible hearsay. The State responds that Price’s testimony does not meet the definition of hearsay because it was not “offered in evidence to prove the truth of the matter asserted.” TEX.R.CRIM.EVID.R. 801(d). We find that Price’s statements regarding the fact that he spoke with the victim, Contreras, and the witness, Macias, and then issued a description of an individual, were inadmissible hearsay. As in Schaffer v. State, 777 S.W.2d 111 (Tex.Cr.App.1989), the State indirectly elicited hearsay testimony from Price when it asked him what particular description of an individual he went looking for after questioning Victor Macias and Jesse Contreras. Schaffer v. State, 777 S.W.2d, at 114. We hold the trial court improperly allowed the State to introduce hearsay testimony before the jury. Schaffer, id. However, unlike Schaffer, we conclude in the instant case that a substantial right of the appellant was not affected by this erroneously admitted hearsay. TEX.R.CRIM. EVID. 103(a). Other testimony was admitted at trial that proved the same facts the State sought to prove through the inadmissible hearsay testimony of Price. Anderson v. State, 717 S.W.2d 622, at 628 (Tex.Cr.App. 1986). As pointed out earlier in this opinion, Victor Macias testified at trial that he saw a short black man running from Jesse Contreras’ store. At trial, Gloria Diaz, Jesse Contreras’ daughter, testified that when she arrived at the murder scene, her father told her that a black man with a mask had shot him. Even though appellant objected to Diaz’ testimony as being hearsay, the trial court concluded that it was admissible as a dying declaration. As pointed out in point of error nineteen, infra, Diaz’ testimony was admissible for that reason. Because the testimony at trial of Macias and Diaz proved the same facts that the State sought to admit through the testimony of Price, we conclude that Price’s erroneously admitted hearsay testimony did not harm appellant. Anderson v. State, 717 S.W.2d, at 628. See, also, Mayes v. State, 816 S.W.2d 79, at 88 (Tex.Cr.App.1991); and Love v. State, 833 S.W.2d 264, at 266 (Tex.App.—Austin, 1992). The fifteenth point of error is overruled. By way of point of error sixteen, appellant argues that the trial court erred in admitting evidence of him attempting to purchase bullets some seven to ten days prior to the date of the charged offense. Appellant believes such evidence was not in any way connected to the offense charged and was an inadmissa-ble extraneous act. Evidence at trial established that the victim in the instant offense was killed with .25 caliber bullets. Appellant concedes this fact in his brief. During the testimony of State’s witness Johnny Cruz, appellant made a very nonspecific objection. He argued outside the presence of the jury that the witness should not be permitted to testify that appellant had come into the witness’s grocery store seven to ten days before the day of the murder inquiring whether the store sold .25 caliber ammunition. Appellant contended that this evidence should not be admitted since purchasing bullets is a legal act and furthermore that Cruz did not sell him any ammunition. Appellant did not argue in his trial objection that requesting the bullets was an inadmissa-ble extraneous act. Nor did he argue that the probative value of the evidence was outweighed by its prejudicial effect. The objection was overruled. The witness proceeded to testify that appellant had indeed come into his grocery store seven to ten days before the offense seeking .25 caliber bullets. Cruz informed appellant that he did not sell handgun ammunition. A timely and reasonably specific objection is necessary in order to preserve error for appellate review. TEX.R.APP.PRO. 52(a). Arguments which are not supported by a trial objection are deemed overruled. Ransom v. State, 789 S.W.2d 572, at 583 (Tex.Cr.App.1989). Relevant evidence is any evidence which tends to make the existence of any fact that is of consequence more or less probable. TEX.R.CRIM.EV. 401. All relevant evidence is admissible. TEX.R.CRIM.EV. 402. However, relevant evidence may be excluded if its probative value is substantially outweighed by the danger of unfair prejudice. TEX.R.CRIM.EV. 403. We find that in the absence of an “inadmissable extraneous act” objection, no error was preserved on this aspect of appellant’s argument. It is therefore overruled. Ransom, supra. Further, we find that the evidence of appellant attempting to purchase .25 caliber ammunition seven to ten days prior to the charged offense was relevant. TEX.R.CRIM.EV. 401. Bullets of this caliber were used in the instant offense. The fact that appellant was trying to acquire .25 caliber ammunition about a week before the crime made the fact that appellant was involved in the crime more probable. Id. Because we find that this evidence was relevant, we hold that it was not error to admit it. TEX.R.CRIM.EV. 402. Point of error sixteen is therefore overruled. In his seventeenth point of error, appellant contends the trial court erred when it admitted testimony that appellant solicited “help in a robbery a month prior to the date of the charged offense, as such evidence was not in any way connected to the offense charged, and was an inadmissible extraneous act.” In his eighteenth point of error, appellant contends the trial court erred when it admitted “evidence of a conversation overheard between [appellant] and the alleged accomplices on the day prior to date of the offense charged, as such evidence was not in any way connected to the offense charged, and was an inadmissible extraneous act.” In these two points of error, appellant attacks the admission of Ike Weeks’ testimony into evidence. Weeks’ testimony is set out above in the summary of the State’s evidence in point of error fourteen, wherein appellant contended there was insufficient evidence to support the testimony of the accomplice, Aaron Bilton. As set out above, Weeks testified appellant asked him in late December to participate in a robbery. Appellant left Waco and went to the Valley, coming back in late January. The first time Weeks saw appellant after his return from the Valley, appellant asked Weeks if he had any bullets or knew anybody that did. Appellant either wanted .25 calibre bullets or .32 calibre bullets. Weeks also testified that on the day before the offense, he saw appellant, Aaron Bilton and Mark McConnell in an alley behind their Uncle’s house (Weeks explained that appellant, Bilton and McConnell were all his cousins). Weeks overheard appellant tell Mark “you know what you’ve got to do,” and that he would call him the next day at 9:00 a.m. so that Mark could pick him up, and that Mark would receive a $10.00 bag of marihuana and “some of the money.” Appellant objected that this was inadmissible testimony of “generic extraneous offenses.” The State responded that the testimony was admissible because it was relevant to appellant’s planning of the ins