Is Texas Code of Criminal Procedure Article 38.37 §2 unconstitutional?

QUESTIONS PRESENTED 1. Is Texas Code of Criminal Procedure Article 38.37 §2, which permits evidence of prior bad acts to prove the character and propensity of a defendant accused of a sex crime, unconstitutional on its face because it does not contain a provision excluding remote allegations or requiring a trial court to exclude evidence whose probative value is outweighed by the danger of unfair prejudice? 2. Was Texas Code of Criminal Procedure Article 38.37 §2 unconstitutional as applied to Perez as the evidence admitted against him could not support a finding beyond a reasonable doubt that he committed the extraneous offenses as required by the statute? Petition for Writ of Certiorari ii