FEDERICO MUNGUIA MARTINEZ, Appellant v. THE STATE OF TEXAS, Appellee

 
AFFIRMED and Opinion filed May 12, 1992.
 
 
S
In The
Court of Appeals
Fifth District of Texas at Dallas
............................
No. 05-90-01259-CR
............................
FEDERICO MUNGUIA MARTINEZ, Appellant
V.
THE STATE OF TEXAS, Appellee
..............................................................
On Appeal from the 195th District Court
Dallas County, Texas
Trial Court Cause No. F89-84611-HN
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OPINION
Before Justices Baker, Maloney, and Kaplan
Opinion By Justice Baker
 
        The State charged appellant with murder. The jury found him guilty of voluntary manslaughter. The jury assessed a four-year sentence and a $2000 fine. Appellant contends the trial court erred by admitting evidence of an extraneous offense. We affirm.
FACTUAL BACKGROUND
1. The Robbery
        The State's first witness, Fidel Ramos Posada, testified he went to the Cactus Bar one evening. He went outside behind the bar about 8:00 or 8:30 p.m. to get some air. An old car parked nearby. Three men got out and approached him. One of the men hit Posada from behind. They beat Posada while he was on the ground. They took his wallet and left in their car. He did not know any of the three men who beat him.
        Someone called the police. Appellant and the complainant were present when the police came. Appellant said the complainant robbed Posada. Posada said he did not know who had robbed him. He told the police it was not the complainant. Posada went back outside the bar after the police left. The complainant came and spoke to Posada.
2. The Shooting
        Posada and the complainant were talking behind the bar. Appellant approached and told the complainant that the complainant had robbed Posada. The complainant said he did not do it and asked Posada if he had done it. Posada said "no" and said that he was leaving. Posada walked away and heard a shot. He turned around and saw the complainant lying on the ground. Appellant walked back to the bar carrying a weapon. Posada asked appellant what he had done. Appellant did not answer. Posada knew appellant.
THE EXTRANEOUS OFFENSE
        In his sole point of error, appellant contends the trial court erred by allowing the jury to hear the evidence about the robbery.
1. Applicable Law
        Extraneous offenses are usually inadmissible because the State cannot try an accused for some collateral crime or for being a criminal generally. Stafford v. State, 813 S.W.2d 503, 506 (Tex. Crim. App. 1991). However, many exceptions exist that allow the State to admit evidence of extraneous matters. See Williams v. State, 662 S.W.2d 344, 346 (Tex. Crim. App. 1983). The trial court should not admit evidence of extraneous offenses unless the State shows the accused participated in the offense. Ingham v. State, 679 S.W.2d 503, 507 (Tex. Crim. App. 1984); Gaines v. State, 789 S.W.2d 926, 931 (Tex. App.--Dallas 1990, no pet.).
        If the evidence does not show the commission of an offense or connect the accused to the offense, then the evidence does not show an extraneous offense. McKay v. State, 707 S.W.2d 23, 31-32 (Tex. Crim. App. 1985), cert. denied, 479 U.S. 871 (1986). There must be some type of inadmissible evidence presented of the accused's prior criminal conduct before the rules relating to admissibility of extraneous offenses apply. Baxter v. State, 645 S.W.2d 812, 815 (Tex. Crim. App. 1983); Cureton v. State, 800 S.W.2d 259, 261 (Tex. App.--Houston [14th Dist.] 1990, no pet.).
2. Application of Law to Facts
        Posada did not connect appellant to the robbery offense. The State's evidence did not show that appellant robbed Posada. The robbery did not involve appellant's prior criminal conduct. The evidence before the jury was not proof of an extraneous offense. Appellant cannot complain that the trial court improperly admitted an extraneous offense. McKay, 707 S.W.2d at 31-32. We overrule appellant's sole point of error.
        We affirm the trial court's judgment.
 
 
 
                                                          
                                                          JAMES A. BAKER
                                                          JUSTICE
Do Not Publish
Tex. R. App. P. 90
901259F.U05
 
 
File Date[05-12-92]
File Name[901259F]